Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

IOSH Forums are closing 

The IOSH Forums will close on 5 January 2026 as part of a move to a new, more secure online community platform.

All IOSH members will be invited to join the new platform following the launch of a new member database in the New Year. You can continue to access this website until the closure date. 

For more information, please visit the IOSH website.

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 29 November 2007 09:46:00(UTC)
Rank: Guest
Admin

Posted By Crim
Health and safety regulations contain many references to competence and ensuring competence. To that end I have a tried and tested form I use when checking competence of contractors and usually have no problem having the form completed and returned, complete with examples of risk assessments etc. that the form asks for.

I have just recently been criticised for asking too many questions, this by a contractor who states that he has never been asked for this information before, and a Project Manager who thought I was being "over the top". I wrote to him that the sub contractor was not competent and should not be allowed to work on site.

My question is how far should we go to ensure a contractor is competent and what information can we ask to be provided to ensure we are complying with the relevant regulations?



Admin  
#2 Posted : 29 November 2007 10:05:00(UTC)
Rank: Guest
Admin

Posted By Delwynne
there is a useful questionaire in the ACOP to the new CDM regs which deals with checking the competence of contractors. Might be worth a look?

Admin  
#3 Posted : 29 November 2007 10:06:00(UTC)
Rank: Guest
Admin

Posted By Ian G Hutchings
Hi Crim

I tend to have a three tier approach based on risk exposure to the business (the client). This way not everyone gets asked the same questions. Depending on numbers of contractors a brief visit or audit can throw up more information than just the form.

I wouldn't usually ask questions about specific legislation unless for example they were an asbestos or confined space contractor. Their example risk assessment and plans will usually indicate how well they at least understand the hazards involved.

To get a consistent and competent supply chain client companies can assist to a degree and will then get a better understanding and assurance. A good question often relates to how they get 'competent advice'. Some may appoint someone decent and others take short cuts and have a crack themselves. One example I saw was risk assessments for standing too close to a microwave oven but none for transport on the site!

All the best

Ian
Admin  
#4 Posted : 29 November 2007 10:08:00(UTC)
Rank: Guest
Admin

Posted By David Bannister
Crim, I have seen contractor approvals processes that are extremely intrusive and onerous and equally ones that are superficial and a waste of everyone's time.

I would suggest that you take a critical look at what you are asking, why you are asking it, how truly useful or indicative the answers are and finally as a result of their responses are you able to understand how your proposed contractor will perform.

If you are then comfortable that your enquiries are all valid and necessary in each case then stick to your guns. Otherwise time for a rethink.

Two final points:
The test of reasonableness would be applied after the event by detached and highly critical individuals.
The consequences of failure should determine the extent of the enquiries so that the photocopier service engineer may be OK after a simple process whilst a nuclear design consultant may need a bit more checking.
Admin  
#5 Posted : 29 November 2007 10:16:00(UTC)
Rank: Guest
Admin

Posted By Arran Linton - Smith
Crim,

There is only only one question that your organisation need to ask.

Please describe and provide evidence to show how your organisation meets the ‘core criteria for demonstration of competence’ as outlined in Appendix 4 of the HSC publication L144 ‘Managing health and safety in construction’?

Admin  
#6 Posted : 29 November 2007 10:47:00(UTC)
Rank: Guest
Admin

Posted By Crim
Arron, and Delwynne.

Good advice but my questionnaire is based on that guidance, however I ask the questions.

If I put your question to the contractor they probably would not have a clue what I was asking, therefore pointing toward their being not competent.

Ian, I understand your point re risk assessments, this contractor has a list of hazards i.e. welding/soldering with the only associated risk as "fire/heat" with no control measures at all.

David, I believe my form passes the reasonableness test as it is based upon the ACOP previously mentioned above.

I think the main problem is when a contractor does not fully understand the questions and is unable to answer some if not all, and is also unable to provide risk assessments because they do not have any. The contractor then becomes agitated and accuses me of being unreasonable.

Thanks for the input.



Admin  
#7 Posted : 29 November 2007 11:16:00(UTC)
Rank: Guest
Admin

Posted By Arran Linton - Smith
Crim,

My question is quite simple and is one that a competent contractor's statutory H&S assistant should simply be able assist them with, however as I suspect you will probably find this quite challenging, you can still employ the contractor providing they work under the supervision of a competent person.

See paragraph 43 of L144!
Admin  
#8 Posted : 29 November 2007 11:34:00(UTC)
Rank: Guest
Admin

Posted By Crim
The only problem I can see if they work under the supervision of a competent person according to paragraph 43 of L144, is where do they get the competent person from without incurring additional cost to the project?

Admin  
#9 Posted : 29 November 2007 11:42:00(UTC)
Rank: Guest
Admin

Posted By Glen Coe
Good question !

I have always suggested that the highest risk is imported with the cheapest contractor...

I adopted a tier system, where each contractor is assessed on a safety criticality basis, such as cleaning contractors would be lower risk than lifting contractors etc.

I would be wary of how you pursue it though. I always take the approach that we are checking the contractors ability to demonstrate competence. Because people may have doing the work for decades but have no demonstrable qualifications to compare against expected expected standards such as ECITB, OPITO etc.

If you have no formal system for assessing contractors the Norwegian system is pretty good.

http://www.standard.no/p...66/9_10704_0/S-006r2.pdf

In the meantime unless the contractor can demonstrate competence of their employees we do not allow them to access our sites.

In the meantime, once you have established competence, you may wish to review interfacing arrangements with the contractors, so everyone is aware of the management system expectations.

Step change, developed this good basic guidance.

http://stepchangeinsafet...sourcesitem.aspx?ID=3176

It all depends upon your companies approach to managing risk...

Ps if you are suspicious then audit before you award contracts.

Cheers
GC
Admin  
#10 Posted : 29 November 2007 11:51:00(UTC)
Rank: Guest
Admin

Posted By Crim
"if you are suspicious then audit before you award contracts" is one of the main problems.

I'm sure is isn't an isolated case here as projects go out for tender and I don't get told about who has been appointed until afterwards, even then it is because I have asked. Then it's a case of chasing up in a hurry, that's when everyone starts to get upset.

You should be aware that I am self employed safety adviser to the company and not installed with them full time.

Admin  
#11 Posted : 29 November 2007 11:57:00(UTC)
Rank: Guest
Admin

Posted By Ron Hunter
Crim,

Part of the answer has to be "it depends". It depends who 'we' are or who we are working on behalf of?
A client should apply a pre-qualification questionnaire process for short listing of contractors, and one of the questions on that should ask how they in turn checks the competency of any appointments.
A closer "stage two" scrutiny by the client of Project specific responses, method statements, intial construction phase plan can take place at tender response.
Thereafter the client should take reasonable steps during the project to ensure that the contractor does what he says he would (and what he priced for!).

Generally, there can be a danger of "going to deep" and dabbling into what should be the principal contractor's responsibility to ensure the competence of his appointments.
Rejecting outright one of his proposed appointments is fraught with difficulty, contractual and otherwise - although I would support a client who had previous evidence of poor performance and did not want any particular 'subby' on his Project. Should the Client maintain and provide to prospective Principals at the tender stage a list of those Organisations to be excluded? That might work.Clients can also set (via contract) global requirements such as CHAS and other industry standard requirements to be applied to ALL Project appointments.

From a construction Project perspective, I have recently noticed some CDM-Cs dabbling too deep into checking competencies (or asking clients to prove how they confirm competency of their appoitnments!), apparently missing the point that CDM-Cs only have to ADVISE on competency WHEN REQUESTED by other Project Duty Holders.
Admin  
#12 Posted : 29 November 2007 11:58:00(UTC)
Rank: Guest
Admin

Posted By Arran Linton - Smith
Crim,

The answer to your last question is in paragraph 45 of L144!
Admin  
#13 Posted : 29 November 2007 12:42:00(UTC)
Rank: Guest
Admin

Posted By Ron Hunter
I just had a brief scan of the NORSOK standard which Glen Coe refers to above.
Under 2.2. (Policy and Objectives), the following statement is to be scored as "unacceptable":

"Employees and management express disbelief with respect to the possibility of completely
avoiding accidents and losses." !!!
Admin  
#14 Posted : 29 November 2007 13:51:00(UTC)
Rank: Guest
Admin

Posted By Dave Wilson
As a company who is in contracting we get 100's of these a year!

The CHAS / NatBrit Safecontractor / UDVB to name a few are schemes set up wher safety management is 'audited' on an annual basis and a certificateis issued.

it is supossed to limit the amount of time and paperwork generated by contractors when asked.

So my advice is

If the contractor holds a valid Cert for one of these schemes then there is no need for you to ask as well.

If they do not then send them the form and get the info.

Most clients will accept this and some even demand it to get on their approved contractors list.

You as the client get the leg work done and we as the contractor produce the certificate and it is easy.

Sometimes the client (normally through a consultant!!!) will not accept this! I wonder why? possibly fees?
Admin  
#15 Posted : 29 November 2007 14:54:00(UTC)
Rank: Guest
Admin

Posted By Bob Youel

talk to the contractors previous clients!
Admin  
#16 Posted : 29 November 2007 15:02:00(UTC)
Rank: Guest
Admin

Posted By Arran Linton - Smith
I simply cannot see why there is such an obsession to ask CDM competence questions in the first place when the HSE has published core criteria for demonstrating competence.

In my own organisation, we have simply prepared our own statement of CDM competence based upon the criteria found within appendix 4 of the ACOP for the 2007 CDM Regulations.

Remember that the 2007 CDM regulations are supposed to “discourage unnecessary bureaucracy”, so surely we should be encouraging this simple process rather than lengthy assessment questionnaires which have sprung up again?
Admin  
#17 Posted : 29 November 2007 15:05:00(UTC)
Rank: Guest
Admin

Posted By Lee Mac
Crim,

From working for a PC I often used to come against it with a few of our subbies, however, after investigating why I saw that the company as a whole needed a uniform approach to the H&S standards.

It is as simple as this, if you have asked for something that is a legitimate request, then stick to your guns mate. In my experience, if you can demonstrate the reasoning, whether you use the moral, legal or financial argument- although it sometimes takes the latter to make Project Management sit back and take most notice, it usually gets the point across.

Regarding the sub-contractor- bring him/her in, alone, talk him through the reasoning behind your request- go through the 3 key elements mentioned previously and demonstrate how it would positively affect his/her business.
Highlight avenues available that may assist them in addressing your request.

If that doesn't work then bring it to the attention of one of your Directors, to add a little weight.

Feel free to email me if you need further information.


Lee
Admin  
#18 Posted : 29 November 2007 16:20:00(UTC)
Rank: Guest
Admin

Posted By anon1234
Couple of points - Arran, not all contractors that are being assessed for competence will be working in construction, and thus you may need to adopt a slightly different approach.

Dave Wilson, some of the schemes that are out there are not worth the paper they are written on - we used to be members of one of the schemes you mention and I can tell you they never did proper checks on what we told them (fortunately from an H&S point we wern't too bad, but I'd certainly not use then to 'assess' the competence of any contractors we use)
Admin  
#19 Posted : 29 November 2007 17:56:00(UTC)
Rank: Guest
Admin

Posted By John Murphy
Anon 1234

Perhaps you should look at the Acceptable Use Guideline number 4. Being critical as you are "some of the schemes that are out there are not worth the paper they are written on" and not saying which is effectively condemning them all.

Regards

John
Admin  
#20 Posted : 29 November 2007 17:56:00(UTC)
Rank: Guest
Admin

Posted By Crim
Everyone, thanks for your thoughts. Very interesting to see the differing opinions and I have learned a few things here.

This issue has reached board level and the subcontractor in question, together with the project manager will be spoken to and required to cooperate in all areas of health and safety. He will let the contractor know that there is always another contractor and if he wishes to continue working for the company he will have to improve his attitude toward H & S.

My form will continue to be used in future as it does gain the necessary result, usually.

Isn't it good to know that the M D is supportive of the health and safety adviser.

Admin  
#21 Posted : 29 November 2007 20:12:00(UTC)
Rank: Guest
Admin

Posted By GeoffB4
John, I'd like to think all schemes of competence are fit for purpose but just like anon1234, I also know of one of those on the list which IMO do not properly assess contractors. They may assess the documents provided by contractors (or their H&S consultants) but they don't monitor the activities of the contractors and thus the contractor competencies on site.

I note your reference to AUGs, (I also note you haven't mentioned your involvement in one of the schemes mentioned?) but I'm sure the topic can be continued without any more suggestions/hints of suppressing our freedom of speech.
Admin  
#22 Posted : 30 November 2007 06:55:00(UTC)
Rank: Guest
Admin

Posted By Adrian Watson
With great respect, I think many people are missing the boat. The only way to assess competence is to see the person, company what-so-ever work. Everything else is a substitute.

Furthermore any vetting system that only collects paperwork is not worth the time and effort in filling in the paperwork!

Regards Adrian Watson
Admin  
#23 Posted : 30 November 2007 08:22:00(UTC)
Rank: Guest
Admin

Posted By Arran Linton - Smith
John,

Would your scheme be happy to undertake an assessment against a prepared statement of CDM competence based upon the criteria found within appendix 4 of the ACOP for the 2007 CDM Regulations if this has the necessary evidence to support this.

In short if we provide you with the above, do we have to yet again go through another lengthy process of answering questions?

Admin  
#24 Posted : 30 November 2007 08:35:00(UTC)
Rank: Guest
Admin

Posted By Robert K Lewis
My personal view is that much competency assessment is done in spite of many organisations having externally verified systems or verifiable systems. One must answer the questionnaire as set and alternative proposals are simply ruled as not sufficient.

You need only go as far as necessary and this has to be linked to the way an organisation manages itself - why should you force it to manage and respond in the way that you think is correct. There is no single answer. If you have a potential major supplier of services without its own structured way of demonstrating competence one has to wonder if such an organisation is competent at all, regardless of how well it answers any number of questions that you set. Really the questions are for your guidance as to what needs to be looked for when reviewing the tendering organisation's competence statement.

Small organisations may need "guiding questions" but reputation, references and personal knowledge count for a lot here.

Any organisation who, as a contractor, cannot provide their own competence statement for me is unlikely to be a really satisfactory PC. It is the same for CDMC or Designer.

Bob
Admin  
#25 Posted : 30 November 2007 11:01:00(UTC)
Rank: Guest
Admin

Posted By Andy Brazier
Working in human factors I have a particular interest in competence.

It occurs to me that most of what is being discussed here has little to do with 'checking competence,' which I believe is the point Adrian Watson is making above. You may argue that the questionnaire approach is at least checking 'competence systems,' but even that may bit a bit of a generous assessment.

There can be a number of reasons why a company cannot or will not answer your questions. It may be that they are very competent at doing their job and so would give a very good end result, but left to their own devices may not follow H&S good practices. In this case there may be good reasons to use the company, but for the client to take on a role in managing H&S.

Conversely a company that is good at answering the questions may well be very good at managing H&S, but poor at their trade. You can trust them to work safely with minimum supervision, but will be disappointed with the end result.

Finally, you may find a company that has people who are good at answering all the questions but these never get involved with the work. This is probably the worst case scenario.

I'm not saying you should stop using questionnaires, just don't fool yourself that you are checking competence. You need at least need to have robust auditing in place.

Andy
Admin  
#26 Posted : 30 November 2007 11:19:00(UTC)
Rank: Guest
Admin

Posted By Ron Hunter
To Arran-Linton Smith and others.

The Appendix 4 CDM ACoP was in fact developed in conjunction with representatives pre-existing HSE/C supported third party competency evaluation schemes! The HSC didn't invent all this - they worked with the Industry and built existing best practice into the ACoP.

Such schemes are obviously not mandatory, but it is IMHO almost perverse to support the ACoP and not the third party scheme. They are effectively working to the same script.

I fear that some of the opinions of these schemes may be somewhat ill-informed.

That said, pre-qualification schemes and the ACoP Appendix 4 are only the first stage in exercising due diligence in assessing and monitoring competency of appointments.
Admin  
#27 Posted : 30 November 2007 11:30:00(UTC)
Rank: Guest
Admin

Posted By anon1234
John Murphy,

AUG4 is precisely why I didn't name them.

All I was trying to point out is that don't just blindly trust these schemes as not all of them will be able to assure you on the competence of the contractor. Personally, I think it is better to undertake your own competence checks as you can then tailor these to meet the specific of the contract you are letting. However, this is notalways possible as some businesses do not have the appropriate level of resourse available in-house for thsi so need to use other means of doing this - so just check what you are getting from the various schemes out there, as some are a lot better than others and some, IMO, are totally inadequate.
Admin  
#28 Posted : 30 November 2007 11:44:00(UTC)
Rank: Guest
Admin

Posted By Robert K Lewis
Ron

Agree in many ways but the problem is that now the answering specifically of the points identified in the acop by means of questionnaires alone is being seen as all that is necesary. This is a worrying trend. All organisations who claim to be competence ought to have some form of process/system in place to ensure that their personnel act competently for the simple reason that all organisations are the sum of the competencies of their staff. Too often I find the competence response is clouded and confused and thought to be training records alone. The preponderance of formalised questionnaires only serves to reinforce this problem.

I much prefer personal knowledge or references from people I know to guage competence. This however cannot find all contractors needed though. Listen to how the contractor comes across as well. The soft management measures can be more effective than "hard" measures such as question responses. Look for what the contractor actually does rather than what he says he does.

Bob
Admin  
#29 Posted : 30 November 2007 12:30:00(UTC)
Rank: Guest
Admin

Posted By Arran Linton - Smith
The problem with competence questionnaires is that they can fail to measure competence in the same way that IQ testing can also fail as a measure of intelligence.

I also work for a 250+ architecture practice and my desk is simply gets flooded with these lengthy questionnaires, preventing me from getting on with my day job. In order to tackle this problem we have developed our own competence statement together with the necessary evidence to support this.

Arguably competence questionnaires should now be thoroughly discouraged in favour of requests for competence statements.

Are there any students out there who wish this up as a dissertation subject?
Admin  
#30 Posted : 30 November 2007 14:53:00(UTC)
Rank: Guest
Admin

Posted By Ron Hunter
Many on this discussion thread are bemoaning the problems of repetition and sheer volume of paperwork. The whole point of UK wide Accreditation Schemes is to ensure a joined-up, once-and-for-all assessment of contractors and consultants (yes, there are review periods) that can be picked up by any subscriber as a first stage demonstration of due diligence.

Asking any contractor to send you a letter stating "I am competent" achieves what exactly? Do you expect anyone to write back to say they consider themselves incompetent?!!!!
Admin  
#31 Posted : 30 November 2007 15:11:00(UTC)
Rank: Guest
Admin

Posted By Robert K Lewis
Ron

I think it is more that we need the contractor to provide suitable evidence of competence in a usable format that suits how he manages his organisation. The UK wide schemes show little overlap and yet again rely very much on questionnaires alone. I do not believe the spirit of CDM 07 is served by these lists of questions after which there is often no further assessment undertaken by the employing organisation.

Bob
Admin  
#32 Posted : 30 November 2007 15:48:00(UTC)
Rank: Guest
Admin

Posted By Ron Hunter
Bob,

I've deliberately tried to avoid restricting discussion to construction/CDM. In most other areas of industry and commerce there are no HSE ACoPs, guidance or questionnaires.

Can the various UK Accrediting Schemes (which are set up to offer a pre-qualification assessment of ANY constractor) really be critised where the employer doesn't take due diligence beyond pre-qualification?
Admin  
#33 Posted : 30 November 2007 16:31:00(UTC)
Rank: Guest
Admin

Posted By Robert K Lewis
Ron

I was also trying to avoid CDM as the competence vetting process is universal and the principle is that the organisation demonstratees how it is competent

Bob
Users browsing this topic
Guest (5)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.