management of contractors a lawyer’s perspective david lewis weightmans october 2006

Management of Contractors

A lawyer’s perspective

David Lewis

Weightmans

October 2006

Coming Up

A little law Some fighting talk A few ideas and suggestions

The secret lies in selection

Health and Safety at Work etc Act 1974 Construction (Design and Management) Regulations 1994

Competence

Common Law Competent co-workers

HSE’s advice

Selecting Competent Contractors for Work at Height

‘Height Aware’ Campaign

Bad reasons for bad choices

“They were the cheapest by far”

“They were the only people we could find at short notice”

“I didn’t really know who to ask so I just looked in the Yellow Pages”

“Well, we’d used them once before for something else and they seemed ok”

Who does what?

Who has the power to appoint? What are their credentials (and motives)? What (documented) systems exist to control this?

Pre-Appointment Questionnaires Like CVs Like references

And then the hard work begins

HSG 65 – Successful Health and Safety Management Control Co-operation Communication Competence

What does it all mean in practice?

Communication

What is the job? Induction

Site specific? Tested?

Information Accurate and adequate? Comprehensible?

Site Rules Ensuring compliance

The Work Itself

Risk Assessments and Method Statements Are you competent to approve them? Do you know the limit of your own ability? Competence and experience…

Control, monitoring and supervision Day to day Audits

So, they are underway and working nicely…

But guess what…

…they aren’t doing what you expected

(and it may not be entirely their fault!)

Why Not ?

ROSPA presentation

“Delivering competent advice : A lawyer’s perspective”

shock

denial

awareness

acceptance

testing

search for meaning

integration

TIME

The human element

Safety Behaviours Rule violation Intolerance

Nagging rights Cultural issues

Leadership is where it all begins

So…

Pick the right people…and pick the right pickers Keep it simple Be prescriptive…where necessary

Don’t set yourselves up to fail Don’t become tied up in your own red tape

Say what you really mean; really mean what you say Method Statements; Policies; Rules; Systems Check that it is happening

David Lewis, Partnerdavid.lewis@weightmans.com

0151 242 7923

Glyn Thompson, Solicitor

Glyn.thompson@weightmans.com

0151 242 6901

Weightmans Solicitors

Birmingham Leicester Liverpool London Manchester