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bradaz1  
#1 Posted : 12 January 2023 11:26:30(UTC)
Rank: Forum user
bradaz1

Hi All

Just a query which I would like others to consider.

We use subcontractor companies to install a variety of construction products on site.

The contract for the work is with our company,  we do not have our own installers so rely on subcontractors.

The subcontractors we select are assessed on an annual basis using our internal contractor questionnaires etc.

However,  the subcontractors use installers who are for tax purposes 'self employed' So they pay them and the individuals are expected to sort out their own tax affairs etc.

The subcontractor companies are operated by experienced site guys, however their admin is not fantastic and their 'employees' can sometimes be unreliable and liable to leave to look for greener pastures, then return when things dont work out.

We write the RAMS for the installations using our in house expertise and then send this for approval to site.

Once an installation date is provided, we then contact the subcontractor companies and they agree to send a gang to site.  

The gang go to site, have an induction etc.  Read and understand the RAMS and sign off against the RAMS stating that they are trained, competent to undertake the work etc.

My concerns are that if the subcontractor sends someone to site who is then found that their competence certification e.g for work at height has lapsed, or if they send someone who holds a labourers cscs card and are involved in erecting a more specialist product which they should hold.  If that individual has an accident, my understanding is that HSE would likely chase the subcontractor initially as the 'employer' and then possibly our organisation who wrote the RAMS and selected the subcontractor company.

Other than assessing the subcontractor companies, we do not exert any other control over them.  We do not provide vehicles, equipment or training (although we do specify a minimum standard which we expect for each person/gang on site).  

We conduct periodic site safety audits of gangs and raise concerns where we find them.

Where does the responsibility for the individual end, especially if a serious incident were to occur.

I would like others thoughts on this which would be appreciated.

Thanks

Pirellipete  
#2 Posted : 12 January 2023 12:00:50(UTC)
Rank: Forum user
Pirellipete

Most of the sites/company's I've worked on where subcontractors are used it is written into the subcontractor company contract who the client has placed the work with, (ie you), whether you can or cannot sub-subcontract the work, or if you do the responsibility and liability remains with you.

Check your contract with your client perhaps.

Either way, your agreement/contract with your sub-subcontractor should/could stipulate minimum standards of competency, training scheme certification etc which you could be reasonably expected to rely on them being adhered to by your sub-subcontractor. And you're doing, you say, spot checks and audits as due diligence. although annually could be seen as too long as you have already identified the transient nature of the sub-subcontractors workforce

But I feel that the client will come to you in the event of any incident/accident as their contract for the works is with you.

thanks 2 users thanked Pirellipete for this useful post.
Roundtuit on 12/01/2023(UTC), JohnW on 18/01/2023(UTC)
peter gotch  
#3 Posted : 12 January 2023 14:19:05(UTC)
Rank: Super forum user
peter gotch

Hi bradaz

I agree with Pirelli that when it all goes wrong the client will chase you as THEIR contractor, as might the HSE.

Presumably you get paid a mark up on whatever your subbie charges YOU.

Sounds to me as if your company isn't doing as much as I would expect to justify that mark up.

I think your clients would expect a higher level of "control" than  you imply in your thread.

thanks 1 user thanked peter gotch for this useful post.
JohnW on 18/01/2023(UTC)
bradaz1  
#4 Posted : 13 January 2023 12:04:40(UTC)
Rank: Forum user
bradaz1

Thanks for the replies,

Yes, a client would undoubtedly look to the company due to contractual arrangements.

I am going to chase up the contracts department on this to make checks on whether there is an agreement in place to ensure they are aware of the expectations placed on making sure their 'employees' maintain their competencies.

The price for the subbys is incorporated into the price quoted to the customer as we know what the subby gangs charge per day for their services and use that when pricing jobs.

With regards to more than annual assessment, it is not always practical to do.  Even the many SSIP bodies only generally chase up annually.   The expectation is that a company maintains its standards.

It is interesting that there is no definitive answer as regards HSE involvement, seems to be a bit of might do this or that.

With regards to having a highler level of control, have to be careful there not to be seen controlling and directing the subbys as this could fall foul of HMRC systems and procedures.

There is a bit of a line there to traverse.

With regards to the annual checks potentially not being enough, we are not in the business of micro managing our subcontractors.  We do expect them to be professional, whatever their turnover of staff is.

Cheers

B

peter gotch  
#5 Posted : 13 January 2023 13:17:24(UTC)
Rank: Super forum user
peter gotch

But, B, to an extent you ARE micromanaging the subbies.

You say that YOUR company is writing their RAMS.

Which might well mean writing inappropriate RAMS for tasks that you have deliberately subcontracted, presumably as they are the specialists.

I could see a logic in your company providing a standard template for the subbie to complete to explain how THEY will manage works to be done byTHEIR workforce.

Then the subbie submits the RAMS for your company's review and sign off (and possibly the same at the client end).

As it is, suppose what the RAMS says is inapprorpriate or simply impracticable, then may be the gang sign off to say they understand it, but then completely ignore it (with good reason)......

P

thanks 2 users thanked peter gotch for this useful post.
sevans62 on 17/01/2023(UTC), JohnW on 18/01/2023(UTC)
bradaz1  
#6 Posted : 30 January 2023 16:35:45(UTC)
Rank: Forum user
bradaz1

The type of work the RAMS are being written for is for a product which our company specialise in.  The contracts supervisors who create the RAMS have many years experience installing the exact same product lines on site.  We do not create RAMS for any work that we do not have experience with.

The RAMS template is fully editable in terms of site address, specific hazards (although approx 90%) of the hazards are similar on any given site unless there is something specific i.e lifting close to railway lines etc.  

The RAMS are always site specific and there is also a section which can be updated on the day of the work, say due to extreme weather or some other hazard which was not apparent at the time of the initial visit.

The only difference in terms of actually carrying out the work is that we do not have our own employees to do the work as these were laid off some years ago.  The writing of the RAMS would be the same If we had our own installers.

Self and Hasty  
#7 Posted : 31 January 2023 08:37:47(UTC)
Rank: Forum user
Self and Hasty

You're well within your rights to be checking subcontractors competencies prior to works; at the site induction, or during the RAMS review before accepting to contractors, or during the point of works dynamic risk assessment prior to works commencing. That's not micro-managing that's a standard due diligence.

If a engineer they've sent does not have the required competency; they don't work and the contractor has failed to provide service and may be liable for whatever fiscal penalties are in the contract for non-compliance.

Demanding compliance and adequate service isn't unreasonable.

bradaz1  
#8 Posted : 31 January 2023 08:57:15(UTC)
Rank: Forum user
bradaz1

I agree with most of the comments coming in, thanks for the input.  Its always useful to get others takes on a situation.  

Cheers

B

peter gotch  
#9 Posted : 31 January 2023 11:25:46(UTC)
Rank: Super forum user
peter gotch

Self and Hasty

"If a engineer they've sent does not have the required competency; they don't work"

That's not how I understood the scenario as put by Brad.

I think what happens is that the incompetent engineer (or anyone else) employed directly or indirectly by the subbie DOES work until such time as Brad's organisation might do a random audit and might stop them working.

So, in practice, Brad's organisation the CONTRACTOR engaged by their client is largely relying on trust that the squad sent by the subbie are up to scratch.

Brad has now explained that the CONTRACTOR is entirely competent for the task, except that they chose to lay off their direct operatives that know how to actually do the job. A commercial decision but one that comes with risks.

Those risks can be mitigated relatively well by having someone within the CONTRACTOR organisation exercising a level of onsite supervision, or it can be mitigated to a lesser degree by occasionally turning up to see what is happening.

That is also a commercial choice. However, if it all goes horribly wrong and legal action results it would be up to the CONTRACTOR to show on the balance of probabilities that they had done all that was "reasonably practicable" - that would apply to a civil action or to a prosecution (Section 40 of HSWA, the so called reverse burden of proof).

Decades ago, UK plc made similar commercial decisions by offshoring almost all the high risk manufacturing activities and now the questions are being asked as to whether this was a sensible thing to do.

Roundtuit  
#10 Posted : 31 January 2023 11:39:02(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: Self and Hasty Go to Quoted Post
If a engineer they've sent does not have the required competency; they don't work 

Meanwhile in the real world where on-site maintenance has long since been contracted to large nationals as supposed cost saving against the use of local independents following the previous removal of direct employees.. you end up with an electrician to fix a dripping tap and a joiner to install a socket - but its all right because facilities have the supplier input form and verified copies of RAMS on file.

thanks 4 users thanked Roundtuit for this useful post.
peter gotch on 31/01/2023(UTC), DH1962 on 02/02/2023(UTC), peter gotch on 31/01/2023(UTC), DH1962 on 02/02/2023(UTC)
Roundtuit  
#11 Posted : 31 January 2023 11:39:02(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: Self and Hasty Go to Quoted Post
If a engineer they've sent does not have the required competency; they don't work 

Meanwhile in the real world where on-site maintenance has long since been contracted to large nationals as supposed cost saving against the use of local independents following the previous removal of direct employees.. you end up with an electrician to fix a dripping tap and a joiner to install a socket - but its all right because facilities have the supplier input form and verified copies of RAMS on file.

thanks 4 users thanked Roundtuit for this useful post.
peter gotch on 31/01/2023(UTC), DH1962 on 02/02/2023(UTC), peter gotch on 31/01/2023(UTC), DH1962 on 02/02/2023(UTC)
bradaz1  
#12 Posted : 31 January 2023 11:51:29(UTC)
Rank: Forum user
bradaz1

In simple terms

The Company is the one I work for.

The Company get a job - construction based product supply and installation following a tender and estimates, quotes supplied to the client/main contractor

The Company The Company contacts site, pre-let meetings etc to sort out when, where, payment terms etc.

The job is planned according to when the client wants the product i.e when the site is lkely to be ready.

Approx a week or 2 before the job - The Company 'contract supervisors'  - our guys with many years experience installing the product and with the relevant qualifications to plan the work i.e appointed person for cranes, relevant CSCS and CPCS cards go to the site.  The contract supervisors then tour the site, look at where the crane is going to sit.  Agree crane positons, delivery times, type of fall protection to be used.  Any scaffolding requirements, agree welfare,  agree start dates, time on site and induction details etc.

All of this information is recorded on a site installation plan, risk assessments and method statements.

A day or so before the job, confirmation is obtained from site that it is ready for the installation to commence.  

The subcontractor installers are then contacted (to be fair this is likely a week or so before the job for planning purposes).

On the day of the install, the subby installers will go to site, receive an induction,  read the RAMS, sign the acknowledgement to say they have read it and understand the content and will work in accordance with the RAMS.

The subbys will also hand over copies of their certification to the client/main contractor for the site records.

Subby foreman conducts a pre-start check of the work area to double check that the install can start safely and to identify any potnetial problems which may crop up later.

Crane gets set up, deliveries arrive, product is installed etc.

thats pretty much it.

If there is anyone who can go to site (this is nationwide stuff) then there may be a safety inspection carried out.

We also get feedback from the client in the form of a completion sheet stating the job, any outtanding works and the performance of the subbys in terms of safety, quality of work, attitude etc.

RVThompson  
#13 Posted : 12 June 2023 07:05:33(UTC)
Rank: Super forum user
RVThompson

Reported - hidden link which I'm not prepared to check.

thanks 1 user thanked RVThompson for this useful post.
Roundtuit on 12/06/2023(UTC)
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