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Adrian Nexam  
#1 Posted : 20 February 2012 15:16:04(UTC)
Rank: Forum user
Adrian Nexam

Hi there, I have just been placed in a new position and would like some advice. I have just asked a contractor (to replace signage on our warehouse at a height of ca 20 ft) for his Risk Assessments and Work Methods and for the first time the contractor has then been very obstinate, stating that I don't need them, that he has never been asked for this and that he is insured for working at height and has 'done bigger jobs than this' ! Obviously I was very unhappy with this and had decided to cancel the job not convinced in his ability to carry out the job safely. I have since been wondering about my further responsibility as a H&S professional. If I heard on the news in a months time that one of his employees had been killed working at height, I would feel awful, knowing that I was suspicious of his practices. Are there any legal obligations on me to report this to the HSE - I have no evidence of bad practices going on, other than feelign the contractor really doesn't understand his H&S and Legal Obligations ! Any advice would be greatly appreciated, either in theory or from practical experience of this situation. Many Thanks, Adrian
Ron Hunter  
#2 Posted : 20 February 2012 16:02:44(UTC)
Rank: Super forum user
Ron Hunter

You've not recorded anything here of substance worthy of anyone reporting to the HSE. You've essentially had a tiff with a contractor? Proper time to ask for R/A etc. is before appointment, to assure yourself of competency. Thereafter, you should be taking reasonable steps to ensure that the contractor does what he said he would. "Method Statements" are a different matter. Where that contractor is doing work in and around your "live" workplace there's an equal onus on both of you to arrive at a mutually safe system of work. If you want that recorded in those circumstances, then the pressure is really very much on you as "host employer" to write it!
redken  
#3 Posted : 20 February 2012 16:32:30(UTC)
Rank: Super forum user
redken

see post on two plumbers. Was he actually working unsafely or was it just a disagreement between the two of you over RAMS?
RayRapp  
#4 Posted : 20 February 2012 16:35:19(UTC)
Rank: Super forum user
RayRapp

Adrian In the first instance you were quite right in asking the contractor to submit his MS and RA for the work, his loss if he is unwilling to provide it. As far as I'm concerned it is the only real means of checking if a contractor is capable of carrying out the task safely. I'm not sure what Ron is saying about writing the MS as "host employer". It is down to the contractor to write the MS and the person who engages the contractor to provide sufficient information needed to assist in the preparing of a MS and then approve it. With regards to reporting to the HSE, I think you are being too conscientious. We could be on the phone every day to the HSE in some industries with dozens of contractors on site! Ray
mootoppers  
#5 Posted : 20 February 2012 16:48:11(UTC)
Rank: Forum user
mootoppers

Adrian - good advice there from Ray. Hope it helps.
tabs  
#6 Posted : 20 February 2012 16:50:07(UTC)
Rank: Forum user
tabs

I'm with Ray on this one, I would only consider reporting a company I *knew* to be endangering people (in my opinion a lack of paperwork is not an endangerment per se, just a symptom). I also agree that I would not dream of co-writing a method statement, but would discuss and provide pertinent details and agree methodology before allowing them on site. We have far too many contractors to write MS's for all of them.
fsp  
#7 Posted : 20 February 2012 17:02:38(UTC)
Rank: Forum user
fsp

Almost all contractors we use expect to be asked for and are quite happy to provide RAMS for their work - If the contractor is not willing to meet your request, this says a lot about the man in charge and I would definitely be wary. That said, there are times when you do need to sit down and work out the MS in some detail with contractors - but as stated, the RAMS have to be produced by the contractor and meet with your approval.
Ron Hunter  
#8 Posted : 20 February 2012 17:03:40(UTC)
Rank: Super forum user
Ron Hunter

RayRapp wrote:
It is down to the contractor to write the MS
I don't believe that one's carved in stone Ray. That said, neither is the requirement for MS per se.
Adrian Nexam  
#9 Posted : 20 February 2012 17:14:54(UTC)
Rank: Forum user
Adrian Nexam

Thanks everyone, Very helpful advice all round ! Along the lines I was thinking, but this is the first time a contractor has refused to provide and took exception to being asked for this information - and it totally threw me a curve ball ! As you say, I don't know of any poor working practices on the contractors part, so yes, leave it be.
Chris Cahill  
#10 Posted : 20 February 2012 17:18:34(UTC)
Rank: Forum user
Chris Cahill

Ray has offered excellant advice, as for Method statements if; as it seems that this is a work at height task then I would expect a safe sytem of work to be documented. AMethod Statement is a suitable means of providing this information
MARIONM  
#11 Posted : 20 February 2012 17:54:00(UTC)
Rank: New forum user
MARIONM

Adrian, I think you owe it to your own colleagues and the contractor’s employees to ensure competent people will be working safely within your workplace, no one wants a work related injury. As there is no proof the contractor in question is incompetent or will work unsafely reporting to HSE may be a bit extreme. However I am surprised to hear any contractor was allowed enter your workplace to work at height without firstly submitting (1) A site specific Risk Assessment (taking note of any hazards which may be present and would have been advised by your H & S team and how to reduce risk to those coming on site) (2) A Method Statement – written by the contractor (3) Proof of training, for any WAH (giving names of those who will be working on site, if personnel are to change during project this must be reflected in the document) (4) Proof of insurance – indemnity We control contractors on our site by only allowing them access after reviewing their submission of above documents, which they must send to us 5 days prior to proposed start date. When satisfied with their MS, competency etc we issue them with our Permit To Work. You may need to check if there is hot work involved in the project and if so that will also need a Hot Work Permit, which should only be issued after you have checked the tools and equipment to be used and they are in good condition, PAT etc where required, and the fire fighting equipment has been inspected within the last year Good Luck Marion
RayRapp  
#12 Posted : 20 February 2012 20:13:11(UTC)
Rank: Super forum user
RayRapp

I don't believe that one's carved in stone Ray. That said, neither is the requirement for MS per se.
Ron, I'm a great admirer of your posts but I'm baffled with this one. There may not be an explicit legal requirement for a MS, but there is for a SSoW and a MS is an articulated SSoW as you well know. If there was an incident the MS could be used in evidence, or the lack of one, so why would you want to write a MS for a contractor?
Ron Hunter  
#13 Posted : 20 February 2012 20:58:36(UTC)
Rank: Super forum user
Ron Hunter

This is entirely dependent on who 'owns' the risk Ray. In certain circumstances the occupying employer's activity form the greater part of the risk. The visiting contractor essentially works to the local rules. A contractor's MS would be a meaningless reiteration of those local rules, a waste of paper and everyone else's time. Those who create risk are responsible for that risk, etc. Ina great many instances, I'd place more store on an agreement for mutual safety reached at a site pre-start meeting, rather than a neatly filed MS that no-one ever reads. MS has its place, but is not the universal panacea many would have us believe.
RayRapp  
#14 Posted : 20 February 2012 21:13:55(UTC)
Rank: Super forum user
RayRapp

Well now, the onus of doing the job safely lies with the contractor, with or without the client's input. That said, co-operation between the client, PC, or whoever engages the contractor is the ideal way forward to ensure ALL foreseeable risks have been accounted for and mitigated. Moreover it is still good practice in my view for the contractor to be the owner of the MS and write the thing. If the contractor is 'creating the risk' and is incapable of writing a proper MS then they don't get the job - simples. Of course there are other methods of ensuring a SSoW such as pre-start meetings and so on, but we are not discussing other processes. I will concede that MS is not the panacea some people, usually those in project management, believe they are - but until somebody comes along with a better way of articulating a SSoW that's all we've got.
Ron Hunter  
#15 Posted : 20 February 2012 22:29:28(UTC)
Rank: Super forum user
Ron Hunter

I have often found that contractors can articulate a perfectly safe system of work in the course of discussion, yet will fail miserably when faced with writing it all down in comprehensible form. We hire contractors on the basis of competency and resources and ability to do the job, not for mastery of the written word. I suggest that this insistence on Method Statements is over-used by many commissioning clients, & often for the most routine and mundane of tasks. Erecting a few signs (albeit at high level) might well fall in either camp. The original poster gave the impression of starting out in the H&S field. I wouldn't want him to carry on thinking MS are an absolute requirement when they are not.
stevedm  
#16 Posted : 21 February 2012 07:42:20(UTC)
Rank: Super forum user
stevedm

If you have a contractor who is essentially a one man band he isn't required (by law) to write anything down....that said isn't this the reason some sites mandate the use of permit to work for all contractors? He would then be able to discuss with the permit issuer the method the risks and the controls...that would give an opportunity to discuss the safe methods and reinforce the key behaviours....wouldn't that get the job done rather than reinforcing the wrong message about what we as a profession want? It isn't just about paper...
bob youel  
#17 Posted : 21 February 2012 08:09:35(UTC)
Rank: Super forum user
bob youel

Also get your procurers involved as well as those who sanctioned the contractor to work in the first place as such things should be dealt with at that stage/the very early stages
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