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chrisp1978  
#1 Posted : 12 July 2010 21:49:22(UTC)
Rank: Forum user
chrisp1978

Hi all, after some advice, I am a contracts manager for a licensed asbestos contractor. We recently completed an asbestos removal project to a local school. The works was carried out on behalf of the local council. The clerk of the works (which I have had 2 years previous dealings with) does everything possible to delay the works, stalling tactics, accusations of breaches of health & safety and general nonsense in the work place. My issue is I interpret the actions of this person to be bullying in the workplace. The person constantly uses foul & abusive language towards me & my employees, constantly watching the activities at close range, to say getting in the way would be more appropriate. The clerk of the works attempts to control the asbestos removal operatives at every opportunity. During the pre site meeting with the council buyer, school caretaker & company representatives the clerk of the works made reference to one of my employees in a racial manner of which I feel I cannot repeat here. I have complained to the local council buying department regarding the clerk of the works conduct, although I appreciate by doing this the company I serve will no longer be asked to tender any works, the actions of this person have left me mentally unwell. I am a member of IOSH (Grad IOSH) & my colleague is also a member of IOSH (Tech IOSH). My colleague after witnessing this behaviour on site has recommended that NEBOSH & IOSH & all other training syllabus add an additional unit called "dealing with an out of control clerk of the works". I have 4 more schools to complete over the next 3 weeks for the council with this clerk of the works overseeing; I have now informed my managing director that I cannot continue to work with the clerk of the works as his actions & conversation towards myself are damaging my health. To give you a taste of the bizarre madness, the clerk of the works instructed my operatives to remove a live alarm sensor from situ, I informed the clerk of the works that we as a company cannot work on live electrical equipment & that a professional contractor should be sought to carry out the works. The clerk of the works then removed the alarm sensor, although prior to doing so asked the question? How much current travels through the live cable? If this question is to be asked, then surely alarm bells should be ringing inside one head! I now believe prior to carrying out any works for the council, a separate risk assessment should be carried out on the hazardous clerk of the works? Any suggestions would be welcome or general feedback on similar issues?
Canopener  
#2 Posted : 12 July 2010 22:01:37(UTC)
Rank: Super forum user
Canopener

I sympathise and it will be interesting to read the responses to this one! You say that you have complained to the Council, but you don't say what the response was; if any. The value of projects will usually determine how the tender process is carried out and I would like to think that any legitimate complaint raised shouldn't and couldn't theoretically couldn't affect your companys ability to tender for future works of a certain value. The only thing that I can suggest is that you try and keep a comtemperaneous record of your dealings with the COWs, with any collaborative/witness evidence and raise this with your client officer. I like the idea of a risk assessment for COWs though! Now then - how much current does run through the cable?
bob youel  
#3 Posted : 13 July 2010 07:31:47(UTC)
Rank: Super forum user
bob youel

1 way to manage the situation is to contact the councils in-house H&S team [ASAP if I were you] and *meet with somebody and explain your situation. If they are experienced enough [and true to their profession] they will tackle the issue without the COW knowing that anybody has complained to them *Meeting: Face to face meetings are VIP in my opinion
Heather Collins  
#4 Posted : 13 July 2010 09:32:50(UTC)
Rank: Super forum user
Heather Collins

Chris Sorry to hear of your experience. You sound as though you and your people have behaved most professionally in the face of considerable provocation. I totally agree with the above posts that you must seek to contact someone in the council officially over this issue. Not just for the H&S breach but also to make a formal complaint about the unacceptable behaviour of this individual. Most councils are pretty good in dealing with bullying and harrassment and I would be surprised if you are the only ones this individual has treated in this manner. Do let us know how you get on if you feel able to do so and don't let the behaviour of a stupid individual put you off your own good safety practices.
boblewis  
#5 Posted : 13 July 2010 17:45:41(UTC)
Rank: Super forum user
boblewis

Forget the Council the racial comments MUST go to the Equality Commission - the employer is also at serious risk if it continues to support such abuse by one of its employees. The conduct is just a little short of criminal and in other circumstances could well have been so. Councils are ar risk if they refuse work to an organisation who reports a statutory offence then they may risk action against themselves. Talk to the EC asap Bob
hammer1  
#6 Posted : 13 July 2010 17:53:20(UTC)
Rank: Forum user
hammer1

Off topic slighty The demise of the Clerks of works has had a very sorry effect on the construction side with the lack of construction quality through inspection at many, many building projects these days, with all to many safety aspects being missed even by Building control etc. RIP
chrisp1978  
#7 Posted : 13 July 2010 21:31:12(UTC)
Rank: Forum user
chrisp1978

Thanks all for your views, I have lodged a complaint to my managing director, contact has been made with the council, however it appears that myself & my colleague will be made scape goats, as we are described as "Safety Mad". This does not bother me in the slightest, however when I challenged my MD over the issue and stated I wanted to make a formal complaint to the council, I was told this would undermine the organisation and the future works programme. Once again this shows a clear lack of understanding of the issues raised. Once again thanks for your support.
bob youel  
#8 Posted : 14 July 2010 08:14:33(UTC)
Rank: Super forum user
bob youel

Bob L and others are providing very good advice so listen and evaluate further Look at the whole area not just one aspect and appraise from there - Softly softly and steady steady is an acceptable approach and note your MD has to look at the whole business as a company where their client is paying the bills is in a very 'funny' position so that must be accounted for Provide more info this site re 'who is calling you 'safety mad'' as I am sure that the councils CE nor its elected members would think that way and step back and take a breath before you move forward and from an acorn of a problem an Oak tree of problems can grow; problems that you may end up with! [All readers please note I personally think that the COW is completely out of order on all counts! These comments made are just opinions and if I [with my many years of experience etc] was in the situation 'Chrisp' has found themselves in the problem would have been solved I can assure you e.g. there are more ways than one of skinning a ---!]
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