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#1 Posted : 15 October 2009 10:22:00(UTC)
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Posted By S Drew Hi,Can anyone help me? We as an Organisation contract out our day to day management of Legionella. That contractor sub contracts to a third party for completion of Risk Assessments, monitoring & maintenance. I would like to know how other organisations manage contractors completing this type of work. What monitoring procedures and Audits are in place? Specific examples, KPIs etc would be really helpful. Many thanks
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#2 Posted : 15 October 2009 10:37:00(UTC)
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Posted By Robert K Lewis Make the organisation under contract to yourself fully responsible for all actions and failures, which I think you will already find will be in your standard contract. It is up to your contractor to manage the subcontractor and the latter does anything wrong you should address the breaches through the former. All targets, KPIs, Inspection requirements, RAs, performance standards, regulatory compliance re legionella etc are the responsibility of your contractor however he organises his work. If you manage any work of his subcontractor it can be very complicated and you could end up with additional liabilities. Bob
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#3 Posted : 15 October 2009 12:04:00(UTC)
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Posted By Ronofcam Drew, I don’t know how much you know about L8 (The control of legionella bacteria in water systems), but there are certain responsibilities you cannot abrogate to subcontractors. Firstly, a suitable and sufficient assessment is required to identify and assess the risk of exposure to legionella bacteria from work activities and water systems on the premises and any necessary precautionary measures. The assessment is carried out by or on behalf of, amongst others, “the person who is in control of premises or systems in connection with work where the risk is present from systems in the building…” This person is known in L8 as the “duty holder” (paragraph 44). In other words, the duty holder (is that someone in your organisation?) must make sure the risk assessment is carried out, either himself or on his behalf. Although the task of carrying out the risk assessment can be done by others, the onus is on the duty holder to make sure it is done. You can’t just say to the judge, “Your honour, I gave an order number for ABC Water Treatment Ltd to carry out the risk assessment, but they kept putting me off and telling me they’d do it when they had the manpower available.” Though this may mitigate, overall responsibility lies with the duty holder, and not with ABC Water Treatment Ltd. Paragraph 44 of L8 goes on to say that “the duty holder should appoint a person to take day-to-day responsibility for controlling any identified risk from legionella bacteria. The appointed ‘responsible person’ should be a manager, director, or have similar status and sufficient authority, competence and knowledge of the installation to ensure that all operational procedures are carried out in a timely and effective manner. If a duty-holder is self-employed or a member of a partnership, and is competent, they may appoint themselves. …> The responsible person should have a clear understanding of their duties and the overall health and safety management structure and policy in the organisation.” Can you answer the following questions: 1) Who is the duty holder? 2) Has a responsible person been appointed? 3) If the responsible person has been appointed, who (a) appointed him, and (b) who is he?
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#4 Posted : 15 October 2009 15:05:00(UTC)
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Posted By Robert K Lewis ronofcam I must admit I simply presumed that the contracting organisation had been appointed as responsible person onn the basis the duty holder did not have the skills :-( You are right to point out the distinctions. Bob
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#5 Posted : 15 October 2009 16:42:00(UTC)
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Posted By S Drew Thanks for this. My Organisation is the "Duty Holder" and the contractor is the "responsible person". We are an employer with several thousand staff. The Contractor co ordinates all the works relating to Legionella they then subcontract the actual assessments/monitoring/maintenance to a third party. What I really want is an idea on how to measure the performance of the contractor. what types of information should we be asking for. What questions should we be asking? what KPI's have other organisations used. Hope this helps Sharon
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#6 Posted : 16 October 2009 09:07:00(UTC)
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Posted By Ronofcam Hi Sharon, It seems to me that what you’re after is a way of monitoring your subcontractor to make sure they’re fulfilling their remit to carry out the water treatment in a manner that satisfies L8. Let me explain the role I had previously, which is analogous to your situation. I used to work at a large government building which had around 800 people working at any one time. The building had a maintenance provider (who I worked for) who looked after everything maintenance related. In the building there were things like: cooling towers, chilled water systems, stored cold water, taps, shower heads etc etc. We had a water treatment programme (which I was responsible for managing), and we used to some of it in-house (tap temperatures, shower head disinfection), and some was contracted out to specialists (water analysis, disinfection of water tanks). So the situation is not unlike your own. In order for the duty holder (someone high-ranking in your organisation) to be satisfied that the responsible person (in your case the subcontractor) is fulfilling their responsibilities then he/she (the duty holder) will either have to audit the subcontractor themselves (unlikely), or – as is normally the case – they employ an independent water treatment consultant to do it on their behalf. If you attempt to audit the subcontractor (the one you employ directly) then do you know what you’re asking? Does anyone in your organisation have any experience/competence in water treatment? If not, the only possible way of making sure they’re doing what they’re being asked is to employ a specialist. As the duty holder, I believe this is the only way for you to ensure you’re doing what’s required of you. If you need any specific advice then post back.
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