Where clients use contractors there are shared responsibilities for ensuring the health and safety of client and contractor workforces and anyone else who may be affected by the work. If not properly managed, accidents are likely.
Planning and co-ordination of contracted work
A contractor’s employees may possibly be at a greater risk than the client’s employees whilst working on the client’s site due to:
unfamiliarity with the client’s site
unfamiliarity with the client’s site rules and procedures
often contractors are used for high-risk activities
lack of appropriate training
poor supervision
Health and safety requirements should be written into the work contract, clearly defining each party’s responsibilities.
Pre-selection and ongoing management of contractors
Examples of questions a client could ask potential contractors include:
What arrangements will you have for managing the work? For example, who will be responsible, how will the work be supervised, what checks do you make on equipment and materials etc.?
Will you be using subcontractors, and how will you check they are competent? The level of competence for subcontractors will depend on the risk and the complexity of the work.
What is your recent health and safety performance? For example, how many accidents and cases of ill health have you had? Has HSE taken any action taken against you?
Do you have a written health and safety policy? (This is only a requirement if five or more people are employed.)
Can you provide existing risk assessments done for similar jobs? Again, written risk assessments are only required by law if five or more people are employed.
What qualifications, skills, and experience do you have in this type of work?
What health and safety information and training do you provide for your workers?
If required, do you have Employers’ Liability Compulsory Insurance?
The HSE advocates a five-step approach on how to manage contractors and ensure safe working. Click on the icons for more detail.
Construction (Design and Management) Regulations 2015
The Construction (Design and Management) Regulations 2015 (CDM) aims to integrate health and safety into the management of a construction project and for everyone involved to work together.
All projects (even those with just a single contractor) require…
Workers with the right skills, knowledge, training and experience
Contractors providing appropriate supervision, instruction and information
A written construction phase plan
Projects where more than one contractor is involved, in addition to the main requirements for all projects, require…
a principal designer
a principal contractor
a health and safety file
Duty Holders and their Duties
Click on each duty holder to learn more.
Domestic clients
People who have construction work carried out on their own home, or the home of a family member that is not done as part of a business, whether for profit or not.
Domestic clients are in the scope of CDM 2015, but their duties as a client are normally transferred to the contractor, on a single contractor project or the principal contractor, on a project involving more than one contractor. However, the domestic client can choose to have a written agreement with the principal designer to carry out the client duties.
Commercial clients
Organisations or individuals for whom a construction project is carried out.
Thier duties are as follows.
Make suitable arrangements for managing a project. This includes making sure:
other duty holders are appointed
enough time and resources are allocated
relevant information is prepared and provided to other duty holders
the principal designer and principal contractor carry out their duties
welfare facilities are provided
Principal designers
Designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with enough knowledge, experience and ability to carry out the role.
Thier duties are as follows.
Plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project. This includes:
identifying, eliminating or controlling foreseeable risks
ensuring designers carry out their duties
Prepare and provide relevant information to other duty holders
Provide relevant information to the principal contractor to help them plan, manage, monitor and coordinate health and safety in the construction phase
Principal contractors
Contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor.
Thier duties are as follows.
Plan, manage, monitor and coordinate health and safety in the construction phase of a project. This includes:
liaising with the client and principal designer
preparing the construction phase plan
organising cooperation between contractors and coordinating their work
Ensure: suitable site inductions are provided
reasonable steps are taken to prevent unauthorised access
workers are consulted and engaged in securing their health and safety
welfare facilities are provided
Designers
As part of a business, prepare or modify designs for a building, product or system relating to construction work.
Thier duties are as follows.
When preparing or modifying designs, to eliminate, reduce or control foreseeable risks that may arise during construction, maintenance and use of a building once it is built
Provide information to other members of the project team to help them fulfil their duties
Contractors
Those who do the actual construction work and can be either an individual or a company.
Thier duties are as follows.
Plan, manage and monitor construction work under their control so that it is carried out without risks to health and safety.
For projects involving more than one contractor, coordinate their activities with others in the project team – in particular, comply with directions given to them by the principal designer or principal contractor.
For single-contractor projects, prepare a construction phase plan.
Workers
The people who work for or under the control of contractors on a construction site.
Thier duties are as follows.
They must: be consulted about matters which affect their health, safety and welfare
take care of their own health and safety and others who may be affected by their actions
report anything which is likely to endanger either their own or others’ health and safety
cooperate with their employer, fellow workers, contractors and other duty holders
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HSE Notification of construction projects
A project is notifiable to the HSE if the construction work on a construction site is scheduled to:
last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project, or
exceed 500 person days
Where a project is notifiable, the client must give notice in writing to the HSE as soon as is practicable before the construction phase begins.
The client must ensure that an up-to-date copy of the notice is displayed in the construction site office, so it is accessible to anyone working on the site and can be easily understood. The form must be periodically updated where necessary.
What must the notice contain?
The date of forwarding the notice
The address of the construction site or precise description of its location
The name of the local authority where the construction site is located
A brief description of the project and the construction work that it entails
The clients contact details – name, address, telephone number and (if available) an email address
The principal designers contact details – name, address, telephone number and (if available) an email address
The principal contractors contact details – name, address, telephone number and (if available) an email address
The date planned for the start of the construction phase
The time allocated by the client for the construction work
The planned duration of the construction phase
The estimated maximum number of people at work on the construction site
The planned number of contractors on the construction site
The name and address of any contractor already appointed
The name and address of any designer already appointed
A declaration signed by or on behalf of the client that the client is aware of the client duties under these Regulations
Construction Project Information/Documentation
Pre-Construction Information
Pre-construction information is defined as information about the project that is already in the client’s possession or which is reasonably obtainable by or on behalf of the client. The information must: be relevant to the particular project; have an appropriate level of detail; and be proportionate to the risks involved. Pre-construction information provides the health and safety information needed by: designers and contractors who are bidding for work on the project, or who have already been appointed to enable them to carry out their duties; principal designers and principal contractors in planning, managing, monitoring and coordinating the work of the project.
Construction Phase Plan
The client must ensure that a construction phase plan for the project is prepared before the construction phase begins. The plan outlines;
the health and safety arrangements for managing the significant health and safety risks associated with the construction phase of a project;
the site rules
any specific measures concerning any work involving risks:
Work which puts workers at risk of burial under earth falls, engulfment in swampland or falling from a height
Work which puts workers at risk from chemical or biological substances
Work with ionising radiation requiring controlled or supervised areas
Work near high voltage power lines
Work exposing workers to the risk of drowning
Work on wells, underground earthworks and tunnels
Work carried out by divers having a system of air supply
Work carried out by workers in caissons with a compressed air atmosphere
Work involving the use of explosives
Work involving the assembly or dismantling of heavy prefabricated components
For single-contractor projects, the contractor must ensure the plan is prepared.
For projects involving more than one contractor, it is the principal contractor’s duty
The plan is the basis for communicating the arrangements to all those involved in the construction phase, so it should be easy to understand and as simple as possible. The emphasis should be on the provision of information that is:
relevant to the project
sufficiently detailed to clearly set out the arrangements, site rules and special measures needed to manage the construction phase
proportionate to the scale and complexity of the project and the risks involved
The following list of topics should be considered when drawing up the plan:
a description of the project such as key dates and details of key members of the project team;
the management of the work including:
the health and safety aims for the project;
the site rules;
arrangements to ensure cooperation between project team members and coordination of their work, eg. regular site meetings;
arrangements for involving workers;
site induction;
welfare facilities; and
fire and emergency procedures;
the control of any of the specific site risks listed in Schedule 3 where they are relevant to the work involved.
The health and safety file is a file appropriate to the characteristics of the project, containing relevant health and safety information to be taken into account during any subsequent project. The file is only required for projects involving more than one contractor.
The file must contain information about the current project likely to be needed to ensure health and safety during any subsequent work, such as maintenance, cleaning, refurbishment or demolition. When preparing the health and safety file, information on the following should be considered for inclusion:
a brief description of the work carried out
any hazards that have not been eliminated through the design and construction processes, and how they have been addressed (e.g. surveys or other information concerning asbestos or contaminated land)
key structural principles (e.g. bracing, sources of substantial stored energy – including pre- or post-tensioned members) and safe working loads for floors and roofs
hazardous materials used (e.g. lead paints and special coatings)
information regarding the removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting such equipment)
health and safety information about equipment provided for cleaning or maintaining the structure
the nature, location and markings of significant services, including underground cables; gas supply equipment; fire-fighting services etc.
information and as-built drawings of the building, its plant and equipment (e.g. the means of safe access to and from service voids and fire doors)
There should be enough detail to allow the likely risks to be identified and addressed by those carrying out the work. However, the level of detail in the health and safety file should be proportionate to the risks and the file should not include things that will be of no help when planning future construction work.
All Information should be clear, concise and easily understandable; and in a conveniently accessible form.
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