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VirginontheRidickulous  
#1 Posted : 18 January 2022 18:27:02(UTC)
Rank: New forum user
VirginontheRidickulous

Hi all

First time posting on here and looking for advice regarding an incident I am investigating.

At 6am this morning one of our subcontractors carried out works that they had not been instructed to do, they did this outside the construction site hours, without any supervision during the works, without RAMS and importantly without instruction.

I am going to go through our investigation procedues with the contractor involved but where I am stuck is, what questions do I ask the Site Manager as he was not there at the time?

So far I have come up with the following questions and would appreciate any advice/input in case I have missed anything:

1. Had there been any discussions that may have indicated the contractor was to carry out out the works?

2. Do you provide any verbal instructions that the contractor could start the works?

3. How was the contractor able to access site without supervision?

4. Did the contractor submit any RAMS in relation to the works they carried out?

5. Did we, as Principal Contractor, influence the contractor in anyway to carry out the works?

It beggers belief this even happened so want to get as much information from our Site Manager to see if there was anything at all that made the contractor think they could just 'crack on'!

Any thoughts would be much appreciated.

Alan Haynes  
#2 Posted : 18 January 2022 18:49:12(UTC)
Rank: Super forum user
Alan Haynes

Suggest you ask the Site Manager the following :- 1. Were you aware of any works being carried out on site, outside of site hours? If the answer is "yes", this obviously leads to other questions If the answer is "no", two things immediately spring to mind . 1. Why not? . 2. What checks have you made since, to see if any other works were carried out? . Good luck.
thanks 1 user thanked Alan Haynes for this useful post.
VirginontheRidickulous on 18/01/2022(UTC)
VirginontheRidickulous  
#3 Posted : 18 January 2022 18:55:36(UTC)
Rank: New forum user
VirginontheRidickulous

Thanks Alan, much appreciated.

achrn  
#4 Posted : 19 January 2022 08:20:34(UTC)
Rank: Super forum user
achrn

I would add asking whether the contractor has gone ahead and done other stuff without instruction and out of hours previously.  Was this the first time or was the contractor regullarly doing things without instruction?

If they have done stuff like this before, how was that treated?  Were they congratulated for exercising initiative and moving the project along, or warned about dangerous behaviour?

Also, what are other contractors on the site doing? Are others doing things without instruction?

thanks 1 user thanked achrn for this useful post.
A Kurdziel on 19/01/2022(UTC)
chris42  
#5 Posted : 19 January 2022 10:54:57(UTC)
Rank: Super forum user
chris42

You may also want to check as well as those questions above about was it expected or any indication, were they under financial pressure to complete works by a given date, this happens a lot.

Was the task they did in the plan to be done at a later date or had nobody thought it would need to be done and so not planned at all ? Did the contractor consider it part of some other works they had been given the go ahead for.

Don’t believe that the contractor decided to come in and do some work no one wanted to be done at some point, so was it “no you can’t do that next week” as we have  x and y happening, but you must complete by next Saturday.

I think there are some questions in there somewhere.

Chris

thanks 1 user thanked chris42 for this useful post.
A Kurdziel on 19/01/2022(UTC)
Roundtuit  
#6 Posted : 19 January 2022 11:14:00(UTC)
Rank: Super forum user
Roundtuit

What hours were specified to the contractor as acceptable for the site?

Were these documented and communicated including during site induction to the contractors employees?

What access arrangements were in place for the site?

Were these documented and communicated including during site induction to the contractors employees?

Do the site security measures prevent access by everyone or only those who should not be present? (e.g. gates on key fobs / cards with 24 hour access, padlock keys copied to many).

In the spirit of co-operation are regular reviews held with all present at site to assess progress to project targets, discuss potential conflicts within the works schedule and agree upcoming works activity?

Supervision is a bit of a red herring - even when your site manager is present there are lots of tasks over and above the one to one supervision of individual contractors - as Principal your communicated procedures should support them.

Roundtuit  
#7 Posted : 19 January 2022 11:14:00(UTC)
Rank: Super forum user
Roundtuit

What hours were specified to the contractor as acceptable for the site?

Were these documented and communicated including during site induction to the contractors employees?

What access arrangements were in place for the site?

Were these documented and communicated including during site induction to the contractors employees?

Do the site security measures prevent access by everyone or only those who should not be present? (e.g. gates on key fobs / cards with 24 hour access, padlock keys copied to many).

In the spirit of co-operation are regular reviews held with all present at site to assess progress to project targets, discuss potential conflicts within the works schedule and agree upcoming works activity?

Supervision is a bit of a red herring - even when your site manager is present there are lots of tasks over and above the one to one supervision of individual contractors - as Principal your communicated procedures should support them.

stevedm  
#8 Posted : 19 January 2022 12:32:17(UTC)
Rank: Super forum user
stevedm

...maybe also take a view on project timelines and any presure put on site manager or others to complete better than schedule...

HSSnail  
#9 Posted : 19 January 2022 15:14:26(UTC)
Rank: Super forum user
HSSnail

i would also be looking at what you expect of a "contractor". Sometimes these are specilist people who would act under theeir own rams etc, but you would want to be checking them as the person in charge of the site to look for gaps or conflicts etc with other work. At other times they are more like employees following your systems etc.  The two ways give rise to very different situations.

A Kurdziel  
#10 Posted : 20 January 2022 09:50:07(UTC)
Rank: Super forum user
A Kurdziel

“one of our subcontractors carried out works that they had not been instructed to do”: can we clarify what this means in practice?

Do this mean:

  • The subby decided that that what the site needed was a trench(or other significant works) across it, which was not in anybody’s future plans. Madness, I know but anything is possible!
  • The subby was aware that some works would be required in the future and plans had been agreed but they decided off their own back to bring them forward for whatever reason without telling anyone.
  • The subby had been told they were to carry out some works but needed to submit RAMS etc before they could start but they didn’t get that final authorisation( most likely scenario)
firesafety101  
#11 Posted : 20 January 2022 13:29:03(UTC)
Rank: Super forum user
firesafety101

IMO they were Trespassing.  

Could you ask what safety precautions they provided i.e. First Aid, Emergency procedures, Fire Risk Assessment, risk assessments, Induction Training etc.

Good luck.

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