Contractors Increase Risk

You wouldn't simply drive through a road section which clearly details a 40mph speed limit while doing 60mph... As this would be completely reckless...

But still businesses today operate at high risk by allowing contractors to work on their site without both client and contractor fully understanding the legal implementations.

According to the Health and Safety Executive (HSE);

A contractor is basically anyone who is brought in to work at your premises that is not an employee.

The ‘client’ is technically the employee who uses the contractor in their workplace.

Both the ‘client’ and the ‘contractor’ have responsibilities under health and safety law.

Your responsibilities

Everyone needs to take the right precautions to reduce the risks of workplace dangers to employees and the public.

For the general duties, companies have a legal responsibility to comply with Section 3 of the Health and Safety at Work etc. Act 1974. This piece of legislation outlines the employers and self-employed persons responsibilities to persons other than their employees. i.e. contractors.

If the work is construction or especially for notifiable building work, as the client you have duties under the Construction (Design and Management) Regulations 2015 which came into force on 6th April 2015, replacing CDM 2007.

The CDM regulations include definitions of contractors and clients, and their specific responsibilities. In notifiable construction work the client and the contractor will have specific legal responsibilities that differ for those concerning normal work activities.

You cannot transfer your duty or liability to anyone else.

Your risk

You don’t want anyone on your premises if they are going to work unsafely, or in a way which could give rise to an incident.

Business leaders / duty holders need to understand, that when using a contractor, and that contractor is not properly assessed, managed and that everyone understands the part they need to play in ensuring health and safety, then the HSE will not hesitate to take appropriate action against those that fall below the required standards.

We conducted detailed research in February 2019, this research revealed that 13 of the 28 companies where prosecuted due to the lead company failing to manage their contractors.

To mitigate risk, record and manage the very basics:

• where are they working, how are they going to work – site induction?
• check risk assessment control measures and review method statements
• do you need a permit to work?
• You as the client may need to put in place supervision / management
• do they know your emergency procedures, fire exists, where to go and who to talk to if there’s a problem etc?

You can check on the HSE website under ‘Prosecutions and Notices’ (see link below) to see if any of your contractors or future contractors are listed.

So how do you know if they are competent and working safely?

It is worth noting that qualifications and certifications are not proof of competence alone, the contractor(s) also need to show a combination of training skills, experience and knowledge which will assist them in performing a task safely.

Also understand competence only needs to be proportionate to their job and place of work.

To increase your protection as the client, put in place holistic procedures which prevent the work starting until the contractors fully understand the risks and measures taking into account language difficulties or disabilities, as this level of evidence will undoubtedly increase mitigation when called on.

Once the work has started, make sure you follow up with regular inspections to prove the contractor is doing what they have written and what you have agreed, as a failure here will almost certainly result in both contractor and client being investigated.

If you regularly use the same approved contractors, always try to undergo the same procedure each time with a new job where possible.

How well do you manage your Contractors today?

We’ve put together this 2 minute quiz based on the HSE’s HSG159 guide for employers.

Why Safety PAL?

Wishing a contractor arrives on your site having fully read and understood all safety documentation, watched your induction video and knowing all the hazards about your premises before they arrive is no longer a dream… With Safety PAL this is a standard.

Safety PAL also interfaces contractors with all areas of your health and safety, allowing you to better manage more efficiently, effectively and reducing risk.

Safety PAL suite of tools collates all your information providing that all important evidence you need to prove ‘so far as is reasonably practicable’ everything was done to prevent harm.

Useful links

Section 3 of the Health and Safety at Work etc. Act 1974 

Health and Safety Executive Using contractors 

Health and Safety Executive Managing health and safety in construction 

Health and Safety Executive Public register of prosecutions 

Safety PAL ‘day in the life of Safety PAL’ video.