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#1 Posted : 03 October 2007 18:13:00(UTC)
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Posted By Liam Nolan CMIOSH Hi, Where can I get referance the requirement for method statements in UK legislation? I need to make referance to why method Statements are required - HSE guidance, legislation, best practice, etc. Everybody (almost) accepts that MS are required but what foundation is there for ensuring that they are produced? Any help would be appriciated. Thanks.
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#2 Posted : 03 October 2007 18:31:00(UTC)
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Posted By Raymond Rapp Liam Forgive me for stating the obvious, but a MS is nothing more that an articulated Safe System of Work. Therefore the need for a SSoW is both implicit and explicit in many different kinds of h&s legislation. Also, I believe you will find reference to MS in construction orientated material, but I am not sure there is a 'legal requirement' to provide a MS, only a SSoW and Risk Assessment. Ray
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#3 Posted : 03 October 2007 21:22:00(UTC)
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Posted By Rob Randall Hi Liam, I agree with Ray, a method statement is an articulated Safe System of Work. There is no legal requirement to have a document called a "Method Statement" whereas there is a legal requirement for SSoW and a requirement for giving "...information, instruction, training and supervision (IITS)..." the Method Statement is a means whereby these aims can be achieved because it can be used to work out a SSoW if based on risk assessments and can form the basis of IITS. Regards, Bob
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#4 Posted : 03 October 2007 22:49:00(UTC)
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Posted By Bruce Sutherland Liam I think you may find that ms originated from steel erection as a safe sequence of erection - there was a gs series note produced by HSE back in 1980's or early 90's. They were the construction industry version of safe systems of work HSW s2 stuff - it is interesting that they seem to have a ubiquitous use now which may reflect outsourcing or simply that they are more sexy..... well the ones we do are. In terms of law Control of Asbestos Regs has a requirement to produce and assessment and plan of work - must be written - CDM requires a written plan for demolition - LOLER requires a written plan for Tandem lifting - that is as far as my brain will stretch... cheers Bruce
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#5 Posted : 04 October 2007 08:50:00(UTC)
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Posted By Liam Nolan CMIOSH Hi, I should have maybe clarified the question a little. I live in Ireland, so am used to the Irish set up - re the subject in question. However, I am working in the UK for a while and this issue came up with the main contractor and I wanted to short cut my research and ask you all for the advice. So any help is gratefully appriciated. Liam
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#6 Posted : 04 October 2007 09:04:00(UTC)
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Posted By garyh A couple of specific areas of law from which method statements arise:- 1) Health and Safety at Work act 1974 Sec 2(2)a - employer must provide a safe system of work. 2) Management of Health and Safety at Work Regs 1999 (implemented EC Framework Directive 89/391 and came into force on 1 January 1993) Regulation 3 of this rqeuires employer and self employed person to make a ‘suitable and sufficient’ assessment of risks to health and safety of employees and others affected by conduct of undertaking Where five or more employees significant findings of assessment to be recorded In both cases you end up with written SSOW / method statements / risk assessments etc as appropriate.
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#7 Posted : 04 October 2007 12:36:00(UTC)
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Posted By Liam Nolan CMIOSH Hi, Thanks for the reply's. I had looked at the EU Directive and saw the reference in section 3. Also I know there is a requirement to provide a safe system of work for employees. It is obvious to me and you, that it must be (sould be) documented, I have a main contractor that wants to do the minimum required - he quoted to us that it is not 'legally required' (I feel I am going backwards with this contractor). I just want all my ducks lined up when the issue is raised by me again. My initial posting was to look for a quotable reference from a legitimate source (legislation, guidance, even best practice, etc.) Thanks again to you all.
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#8 Posted : 04 October 2007 12:45:00(UTC)
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Posted By Ron Hunter UK CDM 2007 has specific requirement for any demolition work. Perhaps same in Ireland. Obvious inference that this should be applied to all/any high risk activity?
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#9 Posted : 04 October 2007 12:46:00(UTC)
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Posted By Ron Hunter sorry to Bruce Sutherland - missed obvious that you'd already posted above!
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#10 Posted : 04 October 2007 13:02:00(UTC)
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Posted By Liam Nolan CMIOSH Hi, Just a reminder for my original post - I am working in the UK at the moment and it is stuff specific to the UK I am looking for -I am ok on Irish stuff. Thanks again.
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#11 Posted : 04 October 2007 13:03:00(UTC)
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Posted By Ciaran McAleenan Liam The HSA guidance associated with the "Safety, Health and Welfare at Work (Construction ) Regulations 2006 (S.I. No. 504 of 2006)" Regulation 16 refers to the development of a construction phase safety and health plan and makes reference to the use of method statements. The statement from HSA is; "As an integral part of developing the Safety and Health Plan, the PSCS must check that a hazard identification and risk assessment has been carried out for each of the main stages during construction. To do this properly, information, including method statements and safety statements, will generally be needed from the contractors who will be working at the site." You can access the publication on HSA's website at; http://publications.hsa.....asp?FC_ID=427&docID=200 Best wishes Ciaran
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#12 Posted : 04 October 2007 13:19:00(UTC)
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Posted By Liam Nolan CMIOSH Hi Ciaran, Thanks for the post, but I am specifically looking for info for the UK. I am aware of the Construction regs for Ireland (as I mentioned I am over here in the UK at the moment). The contractor will only look blankly at me if I try to show him Irish guidance. This is why I need UK stuff (which I would not be too well up on at the moment). I have also tried the ILO web site - but nothing that suits my purpose. I can find mention of MS's but they all assume that a method Statement is being done, nothing yet to say 'you must do' or 'it must be written down in a method Statement' if you follow me. Again thanks to all.
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#13 Posted : 04 October 2007 14:04:00(UTC)
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Posted By Ciaran McAleenan Liam In the UK documents written systems of work and method statements are inter-changeable. In the CDM ACoP there is a requirement for safe systems of work being in the construction phase plan. Best wishes Ciaran
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#14 Posted : 04 October 2007 14:14:00(UTC)
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Posted By Liam Nolan CMIOSH hi, Great - I'll look that up. Regards,
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#15 Posted : 05 October 2007 14:34:00(UTC)
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Posted By ianmilne69 Liam. welcome. If IE, SHAW 2005 is your equivalent of the HSAWA 74 (but written simpler). Construction regs across here are different than IE etc. You should only refer to the one's across here for UK work (but the principles are the same as is your experience). Company's will want 'you' to tell them which specific legsilation requires them to do safety, as it saves them time looking up, saves any counter-arguments, they dont know ass from elbow. Safe System of Work (SSOW) is the same as Written Statement, Task (Safety) Instructions, Method Statement, Safety Method. Just advise them politely that you want them to tell you, how they are going to do their jobs safely, without injuring their people and yours; its what your boss wants. Almost all pieces of 'modern' legislation has a requirement o risk assess and use trained staff provided with instructions. Oh yeah, dont rely on Euro directives as they are not all transferred satisfactorily into countries legislation i.e. we think this country should implement this and that, but we can opt out implementation for five years ho ho!. Hope it helps your understanding
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#16 Posted : 05 October 2007 15:39:00(UTC)
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Posted By YUSUF PANDOR Put it this way... the method statement tells one HOW it will be done. the "HOW" is very important because that's where all the necessary legislation/requirments have to be followed and adhered to - miss it out at your peril. Pandor Consultancy
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#17 Posted : 08 October 2007 13:42:00(UTC)
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Posted By Liam Nolan CMIOSH Hi, thanks again for the info. I agree, it is extremely important to have the documented method of work / safe system of work from the contractor. In my belief, it at the very least shows that the contractor is in control of the work and that the main contactor is actually controling the work on site. regards
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#18 Posted : 09 October 2007 15:48:00(UTC)
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Posted By Mike Draper There is no mention of method statements within UK law. The emphasis is on the development of a safe system of work. However I am aware of a description of method statements in HSE guidance. The following is an extract from HSG 150 Health and Safety in Construction (originally guidance for the Construction (HSW) Regulations 1996 but now, in the absence of anything new, guidance for Part 4 of CDM 2007) Method Statements 592 Method statements are not required by law, but they have proved to be an effective and practical management tool. They can take account of risks identified by the risk assessment and communicate the safe system of work to those undertaking it, especially for higher-risk complex or unusual work (eg steel and formwork erection, demolition or the use of hazardous substances). A method statement draws together the information compiled about the various hazards and the ways in which they are to be controlled for any particular job from the conclusions of the risk assessments. 593 A method statement also takes account of the company’s health and safety organisation and training procedures and may include arrangements to deal with serious or imminent danger. 594 The method statement describes in a logical sequence exactly how a job is to be carried out in a safe manner and without risks to health, and includes all the control measures. This will allow the job to be properly planned and resourced with the appropriate health and safety resources needed for it. It can also provide information for other contractors working at the site about any effects the work will have on them and help the principal contractor to develop an overall health and safety plan for the construction phase of a project (see paragraphs 616-618). 595 If a similar operation is repeated, the statement will be similar from job to job. However, if circumstances change markedly, eg with demolition, the statement will need to be revised for each job. 596 The method statement is an effective way of providing information to employees about how they expect the work to be carried out and the precautions that should be taken. The most effective health and safety method statements often have a number of diagrams to make it clear how work should be carried out. Checking that the working methods set out in the statement are actually put into practice on site can also be a useful monitoring tool. 597 When reviewing the risk assessments, use the information from monitoring previous jobs and accident records and investigations. It will help to decide if adequate precautions are being applied.
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#19 Posted : 09 October 2007 15:57:00(UTC)
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Posted By Pete Longworth Liam I think you are looking at this from the wrong perspective. The contractor may well be correct in saying their is no legal requirement for a method statement. However your company is perfectly entitled to make it their requirement and if the contractor wants the job he will do what you ask him to do. Ultimately if you (the company) are in control of the work then you may well be vicariously liable for the acts and omissions of the contractor. In those circumstances it is only reasonable that you need to satisfy yourself that the work will be done safely. as i said Make it a company requirement, no suitable method statement - no job>
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#20 Posted : 09 October 2007 16:04:00(UTC)
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Posted By safety medic Liam, Have done a lot of work with our Principal Contractor (I'm with the Client) on method statment and risk assessments but put simply. As eveyone has eluded to MS are not required for law but are seen as good/best practice. Therefore the HSE would regard this as do it this way or do it better. The method statement should be short simple statement of what is to be done. i.e. Put nut onto bolt. The RA (the same in Lreland as in the rest of the UK!!) record the hazard. Often the two are intermingled together and becomes construction war and peace documents. As a client we insist that all work is covered by a RA and Method Statement. We dont stipulate why we ask for it - we just get it or the work doesnt take place.
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#21 Posted : 09 October 2007 17:01:00(UTC)
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Posted By Liam Nolan CMIOSH Thanks again, I too am working for the client. Our situation is that we have a pre-tender safety plan document that lays out the safety requirements that may not be legally required (like requiring the main contractor to conduct audits on the subcontractors, etc). This in essance is our back up to the legal requirements. Our main contractor has stated that if it is not legally required (by legislation) then they do not intend to do it. However, they are contractually required to do the items in the above mentioned document (the pretender H&S plan). They dont argue with this. (May I also state that I was not involved in writing the pre-tender plan - but it does cover the high spots). Their H&S plan mentions that MS will be reviewed, but does not say they are required (bit of a catch 22 situation - how can you review something that you are not requiring). Anyway, they do get MS/RA from the subcontractors, but having reviewed them myself on behalf of the client, my opinion is that they are sub standard (greatly sub standard). With this in mind I am trying to get the quality of them raised, the main contractor is resisting this as they feel it is not a major issue (boy are they wrong - long story but shall we say that as a result of an LTI, the MS has been shown to be poor and in conjunction with this a number of other issues are, shall we just say - I'd loose a few nights sleep over it!.). Anyway, I think that I can now put together enough of a document together - from all the contributers to this thread - to ensure that the MS will be improved upon. Thanks again
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#22 Posted : 09 October 2007 17:16:00(UTC)
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Posted By safety medic Liam Empathise greatly with your position. At the end of the day the contract is the contract and if the PC does'nt do it then that is a contract/legal process arguement. As the HSE bod on the job then unless you can be provided with the aforementioned SSOW then the work doesn't go ahead. Full stop. As the client (customer and the one who is paying for it) we reserve the right to review all MS and also reject them but we cannot force the PC to write something, we can only suggest/comment. Many things are not legally required but as the client you can (and sometime must) insist on them to protect your employer and the employees of the PC/subcontractors. What I have stuggled with is getting the PC to outline their responsibilites within a MS when the subbie is conducting the works! i.e. Providing access, inspections of excavations, co-ordinating/associated works etc and provide this in a format whcih we can read and understand!
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#23 Posted : 09 October 2007 17:18:00(UTC)
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Posted By safety medic Sorry ment to say get in touch by email if you want to chat/discuss further. Been in your situation and know how it feels. Ian
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#24 Posted : 09 October 2007 17:33:00(UTC)
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Posted By Liam Nolan CMIOSH Hi, Thanks for that. No problem I will email if needed - but we are getting places with them (the main contractor). This Job is very satisfying at the moment. I am enjoying just about every minute of every day. The sub-contractors safety advisors are extremely capable and very open to suggestions, and guidance (unofficially communicated to them :-) ). This is really the best site I have been on job wise. Regards,
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#25 Posted : 09 October 2007 18:35:00(UTC)
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Posted By James M As many have stated there is no specific legal requirement for a method statement but consider HSWA S2. This requires that employers provide employees with information and instruction. What better way to do this than by a method statement. However, in the construction industry most principle contractors will require contractors to provide MS as a means of ensuring the work is carried out in accordance with the CP H&S plan. You will find that this is signed up to and agreed in contract documents by all contractors before they start on site.
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#26 Posted : 10 October 2007 08:12:00(UTC)
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Posted By Liam Nolan CMIOSH Hi, I agree, it is an accepted practice to generate and expect method statements (or what ever title you put on them). It seems that it is now at a stage where it is not specified in our contract documents (I would guess that the main contractor HAS got it in their contracts with the Sub Contractors). In our contract documents it is mentioned in such a way as to say that the MS 'all method statements and risk assessments must be explained to workers who carry out the task...' This is obvious to every one that a MS has to be generated in order to comply with this requirement. However the contractor has mentioned (floated the idea I would say) that MS are not required by the contract. Nonsense of course. The main contractor is trying to do as little as possible on paper as they think they can get away with (that ain't happening guys!). They also believe that they do not have to approve the MS submitted by their sub contractors. They make little or no comment on the submitted MS's (I do make comments to show commitment on the clients behalf and to show active involvment in the process - without taking responsibility for the work - not ducking the responsibility, because this is rightly the main contractors responsibility. At the end of the day the sub contractors have extremly good work method in place - they are just not writing it down. It is this bridge I want to get fixed. Thanks again,
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#27 Posted : 29 October 2007 09:40:00(UTC)
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Posted By Chris Cork I am somewhat sceptical about the use of and indeed the point of a method statement. Following a quite intense forum discussion last year on the HSE site a Mr Andrew East (an HSE inspector) suggested they are of no relevance and made a direct point to the requirements under CDM 07. Competence is the key. Why o why do we still expect companies to produce completely pointless pieces of paper?? They are never read, 99% generic, and 99% always (in my experience) placed before the Safety Manager for approval. I ask you, How can a Safety Manager know all there is to know about every job on site and therefore pass a method of work as safe? It was also advocated on the [reference removed] that in fact a method statement could even have an adverse affect on the outcome of a case should one arise. Think of this, If you took your car to a garage for a service including a full brake reline etc, would you ask for a method statement before the job was carried out? I think not as you would expect the garage to employ competent people to carry out the job. The same is now required under CDM 07 together with a reduction of paperwork. I agree that Risk Assessment be carried out and that from that a way of carrying out the work should be formulated, but this is not happening. DORA is the way forward for me together with the sound proven and tested military approach of daily team briefs. We do not tell them how to fly the plane just where to fly it to and where to carry out a task. I am very sorry if this comes accross as a bit pedantic and harsh, it is not the intention, I mearly want to highlight the fact that the burdens placed on construction companies are becoming OTT and unless we get back to safety on site and not on paper, we will continue with the problems we currently have.
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#28 Posted : 29 October 2007 10:08:00(UTC)
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Posted By Chris Cork A quick question for Liam, With respect, why are you asking people to do what is not required by law?? I would also question very carefully the competence of the employed contractors if you shall be loosing sleep. If we stuck to our guns as it seems your PC is doing and stuck to the job in hand problems would go away. The construction industry faught for a change in legislation, assisted in writing it and now appear to be fighting it. When I ask site managers the question How much time do you spend on site as a SITE manager? The reply is scary in general 10% the rest is dealing in the main with H & S paperwork. I do feel quite strongly about this as I have dealt with 2 fatal accidents niether of which could have been stopped by paper. Training and competence together with good supervision would have. The HSE have published a CDM PP presentation on their web site to download and on nearly all the slides it either states or implicates, manage the safety on site not the papaerwork. Once again I know I have got a bee in my bonnett and do not intend to insult or decry anyone. I just feel that things are getting out of hand and drifting yet again away from the regulations.
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