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SafetyShinobi  
#1 Posted : 10 October 2016 10:06:41(UTC)
Rank: Forum user
SafetyShinobi

As you have hopefully guessed by the title I am after a bit of advice as to how you deal with contractors who charge extra to provide site specific RAMS. We have also had instances where companies want to charge us extra to have their operatives sit through a 10 minute site induction as it 'makes them late for their next job'.

In the past we have said we will not accept these contractors on site as it shows a major disregard for H&S law but this appears to be becoming more common and we will essentially be left with no one to do the work. This is also not restricted to 'one man bands' as we have had companies such as BT attempt to charge us extra for a document which should be in place anyway to ensure the saftey of their own engineers!!

Has anyone else come across this and how do you deal with it?

Thanks

stonecold  
#2 Posted : 10 October 2016 10:17:23(UTC)
Rank: Super forum user
stonecold

Ive worked in Facilties and with Contractors of all types for years. If a contractor tried to charge me for something that helps me determine their competence e.g RAMS I would kick them off site.

In ten years my company  (large company, 40 sites 2500 staff) have never come across the issue you describe. We use many, many different types of contractors for a multitude of services.

Bottom line is I wouldnt never pay for anything associated with the control of Contractors other than the actual service they provide.

SafetyShinobi  
#3 Posted : 10 October 2016 10:33:29(UTC)
Rank: Forum user
SafetyShinobi

Originally Posted by: stonecold Go to Quoted Post

Ive worked in Facilties and with Contractors of all types for years. If a contractor tried to charge me for something that helps me determine their competence e.g RAMS I would kick them off site.

In ten years my company  (large company, 40 sites 2500 staff) have never come across the issue you describe. We use many, many different types of contractors for a multitude of services.

Bottom line is I wouldnt never pay for anything associated with the control of Contractors other than the actual service they provide.

Thank you for getting back to me about this. I must confess that I feel exactly the same way as the RAMS are not just for our benefit but the benefit of the engineers carrying out the works. 

We have kicked some companies off site but given the rather lengthy and complicated finance procedure of setting up a new supplier I am under pressure from the Estates team to find a way around this issue.

As I mentioned, companies are large as BT have these policies in place which I find shocking! I am suprised that you have not come across the issue although it partly confirms my fears that as I work in the education sector, contractors generally see us as a soft touch and bottomless pit of money (neither of which are true!)

douglas.dick  
#4 Posted : 10 October 2016 11:01:05(UTC)
Rank: Forum user
douglas.dick

Possibly you need to get your estates team to include this as part of the scope of work, that way they cannot come back and charge it as an extra.

gerrysharpe  
#5 Posted : 10 October 2016 11:38:34(UTC)
Rank: Super forum user
gerrysharpe

When a company wins a contract to carry out the works part of that contract is to supply you with Method statements and Risk assessments on how the job or task is to be performed.

This is not an extra or a chargable thing, its a standard requirement that needs to be carried out and supplied to you prior to any work being carried out.

Another thing you will need to ensure is carried out that you site induct anyone that comes to your premises to work, and record this along with a copy of their CSCS or Skill card to show that they have a minimum set level of H&S knowledge.

Don't let them fob you off with "I must charge you if you want one" attitude, yourthe Boss Put the fear of god into them and if they have not got all the necessary paperwork send them away

Take a look here http://www.nhbc.co.uk/NHBCpublications/LiteratureLibrary/NHBCServices/HealthSafety/SAFENewsPDF/RiskAssessmentscutoutandkeep/filedownload,23497,en.pdf

Simple

stonecold  
#6 Posted : 10 October 2016 11:43:57(UTC)
Rank: Super forum user
stonecold

Originally Posted by: gerrysharpe Go to Quoted Post

When a company wins a contract to carry out the works part of that contract is to supply you with Method statements and Risk assessments on how the job or task is to be performed.

I personally would want to see RAMS etc. Or examples of previous ones BEFORE a contractor wins a contract to carry out works. Its difficult to determine a contractors competence without such things. Nothing worse than awarding a contract to a contractor only to find out last minute that they havent got a clue about EHS...

boblewis  
#7 Posted : 10 October 2016 11:58:03(UTC)
Rank: Super forum user
boblewis

You need the estates department to include all of these items in the T&Cs of all contracts and orders.  There is no argument then over what is an extra over charge.

spenhse  
#8 Posted : 10 October 2016 11:59:03(UTC)
Rank: Forum user
spenhse

Amazing, client being charged by contractor for specific documentation that is required by LAW. Evident there is a question of competence with regards all parties involved here. Anyone requesting such a thing from our organisation or submitting a generic RAMS, would be shown the door and never allowed to return.

Would ask if your organisation reviews the contractors they are employing, if there is a selection process in place based on HSE. Next they will be asking you to pay for their traing and insurance premiums, that’s if they have any competence or insurance.   

Either way, need to sit down and review the selection process, on occasions we have put in place RAMS for individuals to ensure the potential risk were covered and control measures suitable for the risks, but never charged for it. We actually ensure they are competent in the area of work to be undertaken.

Don’t forget as a Client or Premises Holder, you have a duty of care and depending on type of work and most defiantly have certain regulations to fulfil.

peter gotch  
#9 Posted : 10 October 2016 12:14:07(UTC)
Rank: Super forum user
peter gotch

Shinobi

I think your Estates team need to get their act together, not try and get safety staff to get them out of a mess of the Estates team's making.

As others have said sort out standard Terms and Conditions for any contractor who wants to work at your site(s) to get paid for doing the work in accordance with all relevant legislation.

WatsonD  
#10 Posted : 10 October 2016 12:44:56(UTC)
Rank: Super forum user
WatsonD

Can I just ask you what sort of job you are asking these companies to do at you site when they refuse this? Its just your comment about not wanting to undertake a "10 minute safety induction as it makes the late for their next job", makes me think you are looking for companies to provide site specific RAMS for very short duration visits, such as an hour or two?

Also when you mention estates, this leads me to think this is NOT a construction site, but a workplace?

In which case, I have to say that I agree with them. If a BT engineer has been called to look at a fault on a line and is there for about half-an-hour then the site specific RAMS and induction is too much and you need to establish a system which is appropriate for the works being undertaken rather than a one rule fits all approach.

SafetyShinobi  
#11 Posted : 10 October 2016 13:19:09(UTC)
Rank: Forum user
SafetyShinobi

Originally Posted by: WatsonD Go to Quoted Post

Can I just ask you what sort of job you are asking these companies to do at you site when they refuse this? Its just your comment about not wanting to undertake a "10 minute safety induction as it makes the late for their next job", makes me think you are looking for companies to provide site specific RAMS for very short duration visits, such as an hour or two?

Also when you mention estates, this leads me to think this is NOT a construction site, but a workplace?

In which case, I have to say that I agree with them. If a BT engineer has been called to look at a fault on a line and is there for about half-an-hour then the site specific RAMS and induction is too much and you need to establish a system which is appropriate for the works being undertaken rather than a one rule fits all approach.

You are correct in some of your assumptions in that I work for an educational establishment and not a construction site although I fail to see how this would make a difference. We still have a duty of care to anyone on our campus as we would if we were a construction site.

Surely proportionate H&S is not down to the length of the job but the risks associated with it? I would be more relaxed about 6 hours of surveying than 30 mins of welding for example...

The way I see it is that I have a duty to ensure that the contractors have fully considered any risks before allowing them to commence work and how can I do that if they just produce generic RAMS which have probably never been read by the operatives carrying out the work?

I agree with some of the previous posters who have mentioned the job T&C's needing to be updated to include RAMS. This would be possible with larger jobs but we would struggle for the smaller ad hoc jobs or emergency repairs. I am inclined to think that this is one to push back on Estates team and stick to my guns about requiring suitable and sufficient risk assessments for ALL tasks...

SafetyShinobi  
#12 Posted : 10 October 2016 13:24:43(UTC)
Rank: Forum user
SafetyShinobi

Just to give a bit of further conteext, the last job we encountered this problem was when we asked an air con repair company to fix one of our units. They actually said they charge for all RAMS (not just site specific ones). I appreciate that this would sound like a low risk job to most of you but the air con unit in question is extremely high up (in an atrium area) and would require a tower scaffold to access. 

Just to be clear- the additional charge was not for the tower scaffold but for the company to supply any RAMS before the job commenced. 

WatsonD  
#13 Posted : 10 October 2016 14:28:54(UTC)
Rank: Super forum user
WatsonD

Originally Posted by: SafetyShinobi Go to Quoted Post

Surely proportionate H&S is not down to the length of the job but the risks associated with it? I would be more relaxed about 6 hours of surveying than 30 mins of welding for example...

Yes thats why we have  permit to work sytems in place for those types of high risk work. I was pointing out what you are requiring on balance with the work being undertaken. If they produce a RAMS who will check it over and ensure that it is followed?

I may be wrong but I think previous posts have assumed that you were talking about contractors on a Construction site.

Do you expect all visitors to your workplace to undergo a ten minute H&S presentation - like a visiting lecturer or someone from another educational establishment who has come along for a meeting? What about popping along for an open evening? As you say you still have a duty of care for them.

I'm not trying to start an argument, but I am trying to say there are differing levels of assuring H&S compliance here - reasonably practicable. For your estates team, if they have regular companies that they use they could keep an approved contractors list (PQQs) and ask for example RAMS and current H&S policy (if applicable), ELI/ PLI policy documents, memeberships of any SSIPs  (Chas, etc.) and keep these maintained and up to date.

You could produce a site safety rules document that you ask contractors to sign and agree to for those one offs and smaller contractors. And as mentioned work permits for the high risk stuff

By all means ignore me completely. I just don't beleive in paper trails for them

achrn  
#14 Posted : 10 October 2016 14:35:31(UTC)
Rank: Super forum user
achrn

Originally Posted by: spenhse Go to Quoted Post

Amazing, client being charged by contractor for specific documentation that is required by LAW. Evident there is a question of competence with regards all parties involved here. Anyone requesting such a thing from our organisation or submitting a generic RAMS, would be shown the door and never allowed to return.

Which statute requires all work by all contractors to have a job-specific site-specific risk assesment and method statement?

stonecold  
#15 Posted : 10 October 2016 15:23:22(UTC)
Rank: Super forum user
stonecold

Originally Posted by: achrn Go to Quoted Post
Originally Posted by: spenhse Go to Quoted Post

Amazing, client being charged by contractor for specific documentation that is required by LAW. Evident there is a question of competence with regards all parties involved here. Anyone requesting such a thing from our organisation or submitting a generic RAMS, would be shown the door and never allowed to return.

Which statute requires all work by all contractors to have a job-specific site-specific risk assesment and method statement?

I think he means work that has a particular level of risk. For example if someone working on a roof falls off and dies and it was found that the RA was not suitable and sufficient the contractor and or clinet would likely be fined (plus civil claims). There are stories every week on the HSE press release emails which talk about compnaies being fined for lack of or lack of sutibale RAs

Dundee cold stores springs to mind. There was an accident and the client, contractor and subbie were all fined heavily...im sure that had something to do woth poor/ generic Ras

spenhse  
#16 Posted : 10 October 2016 16:17:39(UTC)
Rank: Forum user
spenhse

Thanks Stonecold for the reply, if there is five or less employees then the risk assessment has not got to be written down. Remember, a risk assessment is not about creating huge amounts of paperwork, but rather about identifying sensible measures to control the risks in your workplace that affect the employees and others.

Let’s be honest here, Generic Risk Assessments on majority of occasions are worthless, as they do not cover the work, usually wrote by someone that does not even know the working environment, let alone know the hazards involved with the work being undertaken. Suitable and sufficient assessment of the work / environment has to be undertaken by LAW.

Employer, should ensure it is suitable and sufficient of the risks to the health and safety of his employees to which they are exposed whilst they are at work; and the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.

Ask yourself a quick question, if an accident was to occur and you issued / accepted a generic risk assessment. Which happened to miss the blatantly hazard, do you think the assessment was sufficient and suitable.

Unfortunately, have undertaken Investigations involving accidents to very close friend, found the Risk Assessment was not suitable and sufficient, actually wrote by an individual that sat in an office, who did not know anything about the work or area. The company was charged, prosecuted for lack of information, as they were missed the obvious hazards. We all do, risk assessments, every day, self-consciously. The risk assessment process is nothing new, what is the way it is captured and wrote down. Today, I am an advocate of writing simple RISK Assessment with Hazard & Control Measures to mitigate or element the hazards or level of risk and involving persons undertaking the work.

Generic Risk Assessments are “Model Risk Assessments” ok, if you control a number of similar workplaces containing similar activities, you can produce a 'model' risk assessment reflecting the common hazards and risks associated with these activities. But to introduce these “Model RA” must

  • satisfy yourself that the 'model' assessment is appropriate to your type of work

  • adapt the 'model' to the detail of your own work situations, including any extension necessary to cover hazards and risks not referred to in the 'model'

Nobody adapts generic / model risk assessments, they are just passed from job to job, majority of occasions insufficient for work being undertaken.

achrn  
#17 Posted : 12 October 2016 13:55:17(UTC)
Rank: Super forum user
achrn

spenhse wrote:

Thanks Stonecold for the reply, if there is five or less employees then the risk assessment has not got to be written down. Remember, a risk assessment is not about creating huge amounts of paperwork, but rather about identifying sensible measures to control the risks in your workplace that affect the employees and others.

Oh, I'm sorry.  I thought you wrote "specific documentation that is required by LAW".  Obviously I was mistaken.

I agree that sufficient risk assesment needs to be done, but it simply isn't teh case that every task needs a site specific job-specific risk assesment and method statement.  

Originally Posted by: spenhse Go to Quoted Post
Ask yourself a quick question, if an accident was to occur and you issued / accepted a generic risk assessment. Which happened to miss the blatantly hazard, do you think the assessment was sufficient and suitable.

That's what is called a straw man argument.  You are arguing against something I didn't say.  I am not claiming and have never claimed that it's not necesary to have a sufficient risk assesment.  I'm disputing that it is a legal requirement (sorry, 'the LAW')  that every task have a written specific risk assesment and method statement which is issued to a client for approval.

A Kurdziel  
#18 Posted : 12 October 2016 14:18:25(UTC)
Rank: Super forum user
A Kurdziel

 It is possible to create a generic which is not site specific but some contractors I have dealt with assume this means re-use an old site specific risk assessment and claim it is good enough I have had people try to fob us off with an assessment for using a scaff tower and claiming that it also applies to conventional scaffolding or using an assessment for indoor work and trying to apply it out of doors.

The key thing about a truly suitable generic risk assessment is that it describes its own limitations-it makes it clear what it is to be used for and what it is not to be used for. To produce a good generic can be a challenge and sometimes it is simply easier produce a new one for each site.

 

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