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

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Management of Contractors A lawyer’s perspective David Lewis Weightmans October 2006

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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 - PowerPoint PPT Presentation

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Page 1: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

Management of Contractors

A lawyer’s perspective

David Lewis

Weightmans

October 2006

Page 2: 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

Page 3: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

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

Page 4: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

HSE’s advice

Selecting Competent Contractors for Work at Height

‘Height Aware’ Campaign

Page 5: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006
Page 6: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006
Page 7: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

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”

Page 8: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

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

Page 9: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

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?

Page 10: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

Communication

What is the job? Induction

Site specific? Tested?

Information Accurate and adequate? Comprehensible?

Site Rules Ensuring compliance

Page 11: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

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

Page 12: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

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!)

Page 13: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

Why Not ?

ROSPA presentation

“Delivering competent advice : A lawyer’s perspective”

Page 14: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

shock

denial

awareness

acceptance

testing

search for meaning

integration

TIME

Page 15: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

The human element

Safety Behaviours Rule violation Intolerance

Nagging rights Cultural issues

Leadership is where it all begins

Page 16: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

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

Page 17: Management of Contractors A lawyer’s perspective David Lewis Weightmans  October 2006

David Lewis, [email protected]

0151 242 7923

Glyn Thompson, Solicitor

[email protected]

0151 242 6901

Weightmans Solicitors

Birmingham Leicester Liverpool London Manchester