Document type: / Policy & guidance
What does this policy replace? / New policy
Staff group to whom it applies: / All Trust staff
Distribution: / Trustwide
How to access: / Intranet, internet and line managers
Issue date: / September 2013
Next review: / September 2016
Approved by: / Executive Management Team
Developed by: / Roland Webb, Health & Safety Manager
Director leads: / Alan Davis, Director of Human Resources & Workforce Development
Contact for advice: / Nick Phillips, Head of Estates and Facilities
01226 434226
Roland Webb, Health & Safety
01924 327475
CONTROL OF CONTRACTORS POLICY
TABLE OF CONTENTS
1. INTRODUCTION 3
2. PURPOSE 3
3. THE RISKS OF NOT HAVING THIS POLICY IN PLACE 3
4. DEFINITIONS 3
4.1 Employees 3
4.2 Contractors 3
4.3 Client 3
4.4 Method Statement 3
4.5 Risk Assessment 3
5. PRINCIPLES 3
6. ROLES & RESPONSIBILITIES 3
6.1 Trust Board 3
6.2 Chief Executive 3
6.3 Business Delivery Unit Directors 3
6.4 Directors 3
6.5 Head of Estates and Facilities 3
6.6 Contractors 3
6.7 Heads of Service, General Service and Line Managers 3
6.8 Project Supervising Officers 3
6.9 Employees 3
7. ARRANGEMENTS 3
8. PROCEDURES 3
9. MONITORING THE COMPLIANCE AND EFFECTIVENESS OF THIS POLICY 3
10. REFERENCES 3
11. REVIEW OF THIS POLICY 3
APPENDIX 1 3
Equality Impact Assessment Tool 3
APPENDIX 2 3
Checklist for the Review and Approval of Procedural Document 3
APPENDIX 3 3
Version Control Sheet 3
CONTROL OF CONTRACTORS POLICY
This Control of Contractors Policy identifies the requirements and responsibilities of all the Trust’s business delivery units when commissioning a contractor to undertake work on behalf of the Trust.
The policy shall be used as guidance only. Local Business Development Units (BDU’s) shall adhere to local work instructions in the employment and instruction of their respective contractors as defined in this policy.
A contractor is a person(s) or organisation of whom is bought in by the Trust to undertake a duty and of who is not a trust member of staff (see definitions).
2. PURPOSE
The purpose of this policy is to:
2.1 / Ensure consistency of approach across the Trust in the local control of contractors whilst employed by the Trust.
2.2 / Ensure that all current legal requirements pertaining to the safety of the contractor whilst employed by the Trust is upheld as identified in; the Health and Safety at Work Act (1974), The Management of Health and Safety at Work Regulations (1999), Construction (Design and Management) CDM Regulations (2015) and the Control of Substances Hazardous to Health COSHH (2002) and the Control of Asbestos Regulations (2012) and all other current legislation associated with the management of contractors.
2.3 / To ensure that the Trust assesses, prevents, controls and monitors the risks associated with employing a contracted service to undertake duties for or on behalf of the Trust.
3. THE RISKS OF NOT HAVING THIS POLICY IN PLACE
Failure to comply with this policy may result in the following corporate risks arising:
3.1 / The Trust may not meet its legal obligations for providing a safe place and environment of work, e.g. Health & Safety at Work Act, Electricity at Work Act, Personal Protective Equipment at Wok Regulations etc.
3.2 / The Trust may not meet its legal obligations and standards set by such organisations as the Health & Safety Executive (HSE), Care Quality Commission (CQC), Monitor, NHS Protect etc.
3.3 / Safe working procedures may not be in place for the safe employment of contractors on Trust sites e.g. health and safety, risk assessments, permits to work, local control procedures etc.
3.4 / The policy and local procedures may not be reviewed and implemented in a consistent manner across the Trust.
3.5 / Failure to comply with health & safety for contractors whilst employed by the Trust could lead to prosecution and financial penalty.
3.6 / Local control of contractors’ procedures may not be produced, implemented and/or adhered to.
4. DEFINITIONS
4.1 Employees
Employees are:
a. direct employees of SWYPFT;
b. employees of other organisations but directly managed by SWYPFT;
N.B. direct employees of SWYPFT that are directly managed by another organisation (e.g. local authority) will work to that organisation’s policy and procedures, unless specific agreement is reached to the contrary.
c. agency staff, apprentices, cadets, volunteers and any other staff on placement with SWYPFT.
4.2 Contractors
A contractor shall be any individual(s), company or organisation who is not an employee of the Trust and who has been appointed by the Trust to undertake work on behalf of the Trust either paid, unpaid or voluntary.
Examples of work undertaken by a contractor may include but are not limited to such projects and activities as: testing, inspection, surveys, maintenance, medical service providers, medical equipment services, commissioning, cleaning, calibration, building, engineering maintenance etc. It should be noted that contractors will be commissioned by a number of services for specific work and/or projects and is not the sole responsibility of Estates & Facilities.
4.3 Client
For the purpose of this policy definition, the client shall be South West Yorkshire Partnership NHS Foundation Trust (SWYPFT).
4.4 Method Statement
A method statement is a statement prepared by the contractor detailing how work operations are to be carried out.
4.5 Risk Assessment
A risk assessment is an assessment carried out by or on behalf of the Trust which assesses the hazard inherent in an operation and the risk to others and all others who may be affected by the work to be carried out. It will involve identifying the risks present in a work operation, and evaluating those risks, taking into account whatever precautions are already in place.
5. PRINCIPLES
SWYPFT will take all steps so far as is reasonably practicable to pursue the following principles:
5.1 / Ensure that contractors are provided with all relevant safety documentation pertaining to the scope of works and the working area in which they are employed.
5.2 / As the site occupiers the Trust shall plan, co-ordinate, control and monitor the activities of all staff to ensure they are providing a safe working environment for contracted employees and Trust employees. In the case of sites serviced but not owned by the Trust this document will apply to any person or company appointed by the Trust to undertake any work in any such premises.
5.3 / It is the duty of all Trust staff, contracted and sub-contracted staff to have knowledge of all relevant legislation and to take account of it in the pricing, planning and execution of all work carried out on behalf of the Trust. Where doubt exists, as to codes of practice or guidance notes or safe working methods Trust staff, contracted and sub-contracted staff shall discuss this with the representative of the Trust responsible for the work.
5.4 / The Trust is committed to ensuring that when construction work is being carried out on Trust property assets the work is undertaken in accordance with the Construction (Design and Management) Regulations 2015 (CDM) where appropriate and all other relevant statutory health and safety legislation.
5.5 / Contractors’ operations should be so designed that they can be carried out in a safe manner. Should on any occasion attention be drawn to unsafe practices, plant or equipment, prompt and effective action must be taken to remedy the matter immediately.
5.6 / It is the duty of all Trust staff, contracted and sub-contracted staff to co-operate with the Trust on matters relating to health, safety and welfare.
5.7 / Attendance on site
a. Prior to commencing work on behalf of the Trust, contractors shall report their arrival to a designated trust officer (or delegated officer) responsible for their commission. All contractors and their respective staff shall be issued with an authorised identification badge or a formal letter of appointment identifying their personal approval and authorisation of employment and access permission.
b. All contractors commissioned by the Trust shall adhere to the Trust policies and procedures and local work instructions.
c. Where a service other than Estates & Facilities commissions any service or project, i.e. I.T. installations, outside caterers, surveys, etc then the appropriate Estates & Facilities officer should be informed to ensure there are no safety or security implications.
6. ROLES & RESPONSIBILITIES
6.1 The Trust Board
The Trust Board will ensure so far as is reasonably practicable that all steps are taken to ensure the health, safety and welfare of all stakeholders including, staff, partners, service users, visitors and others.
6.2 Chief Executive
As accountable officer for SWYPFT, the chief executive has overall responsibility for all health, safety and welfare matters of SWYPFT.
6.3 Business Delivery Unit Directors
Lead directors shall:
a. ensure the implementation and monitoring of this policy within their directorates/business units;
b. co-ordinate all health and safety matters across the Trust;
c. ensure local procedures are in place for the commission and appointment of contractors;
d. be the Board nominated security management director (SMD) in line with directions issued by the NHS Security Management Service under Statutory Instrument 3039/2002; NHS Protect
e. ensure the review of safety policies, procedures and systems for the overall management of health and safety are undertaken on a regular basis;
f. ensure appropriate arrangements are in place to periodically monitor the local procedure for the commission and appointment of contractors.
6.4 Directors
It is the responsibility of directors so far as reasonably practicable to:
a. be responsible for all aspects of health, safety, security and welfare of employees under their management;
b. be responsible for the health, safety, security and welfare of any person who could be affected by activities over which the director has management responsibility;
c. be responsible for the management of local control of contractors procedures relating to the commission and appointment of contractors within their area of control.
d. establish local control of contractors procedures are provided within their areas of responsibility.
6.5 Head of Estates and Facilities
It is the responsibility of the Head of Estates and Facilities as far as reasonably practicable to:
a. ensure that all contractors who work for the Trust in construction, engineering, and other supply and service provisions associated with the respective departments scope of works are included on the Trust’s Approved List of Contractors;
b. ensure that there is effective liaison/co-operation/ communication between all the parties involved in the task;
c. ensure that the activities of the contractor are monitored (in conjunction with local management) throughout the tasks;
d. ensure that the Construction Design and Management Regulations 2015 are complied with;
e. ensure risk assessments that highlight the need for hazardous/specialist activities (e.g. oxy-acetylene equipment or blowlamps) must be approved for use and where applicable associated permit to work systems used (e.g. hot work permit etc).
6.6 Contractors
6.6.1 / It is the responsibility of the contractors to:
a. provide a method statement where appropriate, detailing the activities necessary to carry out the task and take into account how this will interact with the activities of the area of work;
b. provide a risk assessment of hazards and the associated control measures to ensure the health, safety and welfare of their own employees and others who may be affected by activities associated with the work;
c. communicate with others re the hazards from the associated work activities.
6.6.2 / All contractors will adhere to the requirements of health and safety legislation and the Trust’s respective policies and procedures. This shall include but is not limited to:
· fire safety
· tobacco Smoke Free policy (no smoking on any Trust managed premises and grounds)
· parking restrictions
· security measures
· identification badges
· use of personal protective equipment
· use of work equipment
· health & safety policy
· local site rules
· incident reporting
· general housekeeping, etc.
6.6.3 / All contractor related incidents MUST be reported under the Trust’s DATIX incident reporting policy and procedure. This shall be the responsibility of the nominated Project Supervising officer or as delegated.
6.7 Heads of Service, General Service and Line Managers
It is the responsibility of the heads of service, general service and line managers so far as reasonably practicable to:
a. ensure that any contractor(s) commissioned complies with the Trusts health & safety procedures;
b. ensure that appropriate contractor induction is provided;
c. ensure that all necessary risk assessments are provided with regards to health & safety on Trust premises in relation to the scope of work being undertaken;
d. Ensure that the Trusts Asbestos Policy and register are checked prior to instructing works in any risk identified asbestos areas.
e. ensure that local procedures are monitored, managed and maintained;
f. ensure the contractor authorisation badges/identity/letter of appointments is provided to the contractor on commencement;
g. prioritise and allocate resources to address identified security risks or hazards and to escalate to directors/ health & safety manager as necessary any issues that require immediate attention;
h. ensure areas of concern are raised at the Health & Safety Trust Action Group;
i. comply with specific provisions of health and safety policies;
j. inform Estates & Facilities that contractors providing a service, project or other work are on site and details of times agreed to be on site.
6.8 Project Supervising Officers
It is the responsibility of departmental/ward/team managers so far as reasonably practicable to:
a. ensure that the requirements of a local control of contractor’s procedure is adhered to.
b. ensure that the requirements of this policy are adhered to within their nominated areas of responsibility.
c. ensure that satisfactory written risk assessment, method statement and health and safety programme for the activities/environment/employees is provided prior to the commencement of any works.
d. ensure that the contractor is monitored during the appointment period in their area of responsibility to ensure that safe working practices are being adhered to.