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johnboy  
#1 Posted : 17 March 2019 10:26:50(UTC)
Rank: Forum user
johnboy

I work for a contractor in construction and have been sent a contract by my manager to review -issued by the client. The contract states Cliente can issue safety improvement notices which must be addressed as soon as reasonably practicable. This is nothing to do with HSE enforcement notices but where the Client has decided an improvement in Safety is required. Noting client has employed a competent contractor after a robust evaluation process , and Client and PC have the right to stop work until they consider it safe to proceed, is there a need in the contract for the clause on improvement notices? I would welcome thoughts on the above situation and also the role of the PC, should they be issuing safety improvement notices or as above they have the right to stop the works until they are safe to proceed. Noting this is not part of the HSE enforcement notices. Cheers

Edited by user 17 March 2019 10:28:31(UTC)  | Reason: Typo

boblewis  
#2 Posted : 17 March 2019 11:11:17(UTC)
Rank: Super forum user
boblewis

One should remember the old maxim in contract work - He who has the gold sets the rules

Roundtuit  
#3 Posted : 17 March 2019 12:17:35(UTC)
Rank: Super forum user
Roundtuit

I would read the whole contract very carefully - especially the section regarding penalties. I tend to agree that if something is wrong stop immediately and put it right, never risk. As Bob says the one holding the purse strings sets the rules but make sure you have opportunity if not to agree, at least acknowledge for discussion any notice they claim to issue. I appreciate my thoughts are veering to cynical but the last thing anyone can afford is the final invoice being declined because the client suddenly produces a raft of never been seen claw backs. Contract terms are meant to be fair to both parties not give advantage to either.
Roundtuit  
#4 Posted : 17 March 2019 12:17:35(UTC)
Rank: Super forum user
Roundtuit

I would read the whole contract very carefully - especially the section regarding penalties. I tend to agree that if something is wrong stop immediately and put it right, never risk. As Bob says the one holding the purse strings sets the rules but make sure you have opportunity if not to agree, at least acknowledge for discussion any notice they claim to issue. I appreciate my thoughts are veering to cynical but the last thing anyone can afford is the final invoice being declined because the client suddenly produces a raft of never been seen claw backs. Contract terms are meant to be fair to both parties not give advantage to either.
neil88  
#5 Posted : 02 April 2019 05:45:30(UTC)
Rank: Forum user
neil88

There can be a mismatch between the screening process and actual site performance, so this is entirely reasonable. 

It is also reasonable for the client to perform unannounced inspections of your work, perform periodic audits and review your documentation.  You may have to conduct joint incident investigations, attend their training courses and adopt certain client BBS programmes and so on.   You need to consider the time/cost/effort required to meet these requirements and price this accordingly.

If there you still doubt certain issues in their T&C's then use the tender clarification process to ask them under what circumstances they could issue improvement / stop work notices.

The key is to build a good relationship, become a trusted partner and get repeat work.

Acorns  
#6 Posted : 02 April 2019 16:19:13(UTC)
Rank: Super forum user
Acorns

Similar to Neil88, no reason why the Client could not or should not include the option to be able to notify you of any perceived shortfalls and their version of an improvement notice.  I can understand that.  Does it include some form of negotiation or review process, otherwise the potential is for an arbitary improvement notice to be issued and you have no means to negate or amend it - the end result being a draconian Client.  They call it an 'improvement notice' and that may be the distraction, when they might otherwise call it a notification, review document, non-compliance etc.  I'd be more interested in how it is managed raher than its existance.

Edited by user 02 April 2019 16:20:02(UTC)  | Reason: Not specified

RayRapp  
#7 Posted : 06 April 2019 08:35:54(UTC)
Rank: Super forum user
RayRapp

There is a good argument the client is responsible or the health and safety of the project. That said, clients are rarely held accountable for safety violations...but that another story. Meanwhile, it is not unusual for clients to take an interest in safety related matters. Sometimes it can be quite healthy and other times a pain in the rear end. It really does depend who is enforcing safety from the client's team - are they sensible about it, do they have the requisite knowledge to make a judgement, or are they just a jobsworth out to make a name for themselves?

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