IOSH Tyne Wear Control of Contractors James Thompson

IOSH Tyne & Wear Control of Contractors James Thompson Partner & Solicitor Advocate 16 May 2019

What We Will Cover § 1 pm – Welcome / Introduction § 1: 05 pm – Tyne & Wear Branch – AGM § 1: 15 pm – Control of Contractors § 2 pm – Break § 2: 10 pm – Case Studies § 3: 15 pm – Questions& Close

Control of Contractors § Construction & Non-construction § Your Responsibilities § Their Responsibilities § Do they ever overlap? § What should you be doing? § Case Studies § Recent Cases § Questions

Your Responsibilities § Sections 2 and 3 (and others…) § HSWA 1974 Sections 2 & 3 Common Law § Associated Regulations § ACOP and Related Guidance § Non Legal § Commercial necessity? § Moral necessity? § Financial necessity?

Their Responsibilities § See previous slide! § There is no difference

Do They Overlap? Their day to This Your day to day activities project day activities /task and responsibilities § Yes, and its no accident that they do! § Why do they? Your H&S arrangements Their H&S arrangements This project/task and accident

Practical Steps (1) § Why do you need a third party, contractor etc? § Do you know yourself what it is you need, know how it will be done and who you need to do it. § It’s not as simple as you first think: § § CDM – for construction projects § Selecting the right contractor/s, advisors etc § Due Diligence § The selection process is not just on price! Have a plan of what to ask – give points/values for answers § Previous H/S Record § Insurance § H & S Awards § Policies and Procedures § References § “Google” them

Practical Steps (2) § § § Appointment of “your partners” is one of the main areas you can be questioned over The argument that “they did it” doesn’t work now – if it ever did Record your findings Don’t be frightened to not appoint and to press hard for the right answers Have a plan about what happens next – leave plenty of time to assess and test the working relationship before the project/task begins

Working together (1) Trust no one, believe nothing, check everything § Share information – particularly regarding risks eg. asbestos surveys § Record what you share and when you shared it § Discuss the “job”, the risks and how it is to be done § § Document who is doing what and get all parties to “sign up” to it You cannot afford any gaps in the process either at a strategic or operational level § Communication – how can this be achieved for all involved? §

Working Together (2) § § § Training / Introduction Consultation Supervision Review How do you keep track of changes to the project? § This is one of the biggest risks “Plans are nothing – Planning is everything” § You need a system which can adapt to changes and apply the same H&S safeguards to it §

CDM § § Client duties § Reg 4 – Managing Projects § Reg 5 – Appointment of principal designator and contractor Guidance § § “CDM 2015 makes the client accountable for the impact their decision and approach have on the H&S…of the project” § Make suitable arrangements for the managing the project § Correctly resourcing § Co-operation/communication § Roles…responsibilities of the project team are clear Record how you have dealt with these responsibilities/duties

Case Studies & Recent Cases (1) § Snap shot 1 -2 month period: § “Company fined after contractor suffers fatal fall through skylight” § § § Landor - £ 200, 000 + £ 12, 569. 52 “Two companies fined after worker is fatally crushed at paper mill” § CM Downton Limited - £ 350, 000 + £ 6, 613. 90 § UPN – Kymmene (UK) Limited - £ 350, 000 + £ 6, 711. 90 “Construction firms fined after worker suffers fatal fall” § Oliver Connell and Son Limited - £ 360, 000 + £ 4, 834. 08 § Ryden Construction Limited £ 500, 000 + £ 40, 740. 88

Case Studies & Recent Cases (2) § § “Companies fined after worker killed during lifting operation” § Cumbria Design Scaffold Limited - £ 60, 000 + £ 27, 464, 28 § Larkin Engineering Services £ 20, 000 + £ 27, 211. 09 “Company fined after death of worker during major construction project” § § Balfour Beatty -£ 600, 000 2 Two companies fined following the death of a five year old” § Synergy Housing Limited - £ 1, 000 + £ 40, 000 § Orona Limited £ 530, 000 + £ 40, 000

Case Studies & Recent Cases (3) § § “Two construction companies fined following asbestos exposure” § Ash Construction Limited £ 100, 000 + £ 9, 759. 76 § Cladceil Limited £ 12, 000 + £ 47, 184. 48 “Companies fined after work falls from warehouse racking” § Ortec BV £ 300, 000 + 34, 742. 75 § Mechanic Tech Limited £ 36, 666. 00 + £ 4, 742. 75

Case Studies & Recent Cases (4) § “Three companies fined after security guard killed” § Associated British Ports - £ 750, 750 + £ 9, 781. 52 § DFDS Seaways - £ 166, 670 + £ 9, 766. 02 § ICTS (UK) Limited - £ 500, 000 + £ 9, 338. 82.

Conclusions § True partnership required § Don’t appoint & forget § You need to check & record – you also need to act if necessary § There is no delegation of duties available: § It’s not either/or ; § It’s both or more

Questions James Thompson james@woodswhur. co. uk 07702 802506 17