CONTRACTORS CODE OF PRACTICE

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1 CONTRACTORS CODE OF PRACTICE HEALTH & SAFETY UNIT SUMMER 2007

2 CONTENTS 1 INTRODUCTION APPLICATION AIM BEFORE COMMENCING WORK CO-ORDINATION MEETINGS RISK ASSESSMENT TRAINING ACCESS TO UNIVERSITY BUILDINGS CHILDREN SERVICES TOOLS AND EQUIPMENT GUARDS, FENCES, SCREENS AND ENCLOSURES WORKING AT HEIGHT OVERHEAD CABLES PERMIT TO WORK SYSTEM WORK BELOW GROUND HOTWORK SUB-STATION WORK ON FRAGILE ROOFS CONTROL OF POLLUTION PERSONAL PROTECTIVE EQUIPMENT... 11

3 22 FIRE EMERGENCY CALLS FOR FIRE, AMBULANCE WELFARE FACILITIES ASBESTOS DEPARTMENTAL RULES ACCIDENT REPORTING PARKING CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS

4 1 INTRODUCTION 1.1 The University has wide-ranging legal obligations under the Health and Safety at Work Act 1974, Management of Health and Safety at Work Regulations 1999 and Construction (Design & Management) Regulations 2007 with which it intends to fully comply. This Code is designed to complement, but not substitute the University s obligations under the Regulations and the University s Health & Safety Policy. 1.2 The Code applies to all work undertaken by Contractors associated with new buildings, alterations to, adaptation of, or extensions to existing buildings, or site installations and other works, and the maintenance of buildings, properties and sites owned or occupied by the University and to the modification or maintenance of equipment held in University departments. The Code has been prepared to help Contractors and their employees carry out their work safely and to prevent accidents or potential adverse health effects either to themselves or to members of the University, including staff, students and others present on its premises. 1.3 The Contractor, Contractor's employees, Sub-Contractors and their employees and any other persons associated with the contract and not belonging to the University, are required to undertake to conform with the provisions of this Code as a condition of acceptance of the contract. 1.4 Contractors must, therefore, take all necessary steps to inspect the premises before submitting their quotations or tenders or accepting an order to work on any other terms, and must ascertain the health and safety requirements that are likely to apply to their contract. It follows that once the terms of the contract are agreed no requests will be entertained for additional expenditure incurred by Contractors or their Sub-Contractors in complying with this Code. The University shall be entitled to regard a failure by the Contractor or Sub-Contractor to observe the provision of the Code as a breach of contract. In any case the University reserves the right in the event of such failure, to suspend the work until conditions that are safe and without risk to health are provided. If another part of the contract is breached by the Contractor or Sub-Contractor, it will not be a defence to show that the Code has been complied with in full. 1.5 The Contractor or Sub-Contractor must carry out obligations imposed upon them by statute and common law. If in doubt regarding the application of the Code, or in any circumstances affecting safe working not covered by the Code, advice should be sought from the University s Health and Safety Unit. 1.6 The compound area and fencing requirements for new building operations are defined and the contractor given exclusive possession. The University is not responsible for what happens on that site whilst it is in the contractor s possession except for matters that are in the control of the University e.g. the provision of safe access and egress. The contractor is responsible for all activities on the site as defined in the conditions of contract. In defining the site, the University representative will ensure that safe access and egress is provided to adjacent properties.

5 2 APPLICATION This contractor s code of safe practice applies to all contractors appointed by the University to undertake work on its behalf. This document and its contents may be revised from time to time. Contractors appointed by the University will be provided with a revised copy. 3 AIM This contractor s code of safe practice has been produced to assist in the reduction of risk and prevention of injury to staff, students and visitors in respect of contractors. 4 BEFORE COMMENCING WORK 4.1 Before commencing work appropriate arrangements for health and safety must be in place. Where the contractors operations are expected to create significant hazards then suitable and sufficient risk assessments must be constructed to ensure that risks are adequately managed and controlled. 4.2 Contractor s employees may be at risk when working in certain locations within the University. The University will identify these locations for the contractor and appropriate safety procedures will be agreed prior to commencing work. 4.3 To ensure compliance with the Safety Representatives and Safety Committee Regulations appropriate consultation will be undertaken by the University with the relevant trade union appointed safety representatives. 5 CO-ORDINATION MEETINGS 5.1 Health and safety should be a standing item on the agenda of every formal meeting with the contractor(s). 5.2 From time to time co-ordination meetings shall be organised at which a representative from each department affected by the contractor's work should attend, together with the contractor and University project manager. 5.3 Such meetings must identify the processes and activities that will be undertaken by contractors which are considered hazardous and may pose a risk of harm to staff, students and visitors. Risk assessments should be constructed that list the hazards and identify the management controls to reduce the risk to an acceptable level. Such meetings should be used to pass on information to contractors on departmental activities that may pose a risk to the contractor s employees. 5

6 6 RISK ASSESSMENT 6.1 The contractor must construct suitable and sufficient risk assessments for work activities that present significant hazards. The risk assessment should demonstrate that risk is being effectively managed and reduced to an acceptable level. 6.2 A simple risk categorisation system may be useful in determining, with the University the level of precautions that need to be exercised to protect staff, students and visitors from a contractors operation. Low Risk Where the nature of the activity or process being undertaken by the contractor presents little or no risk to staff and students, no special precautions other than the provision of relevant information is required. Medium Risk Where the nature of the activity or process being undertaken by the contractor presents a risk to staff and students which may require a part or section of a laboratory/workshop, communal area, walkway, etc being segregated using notices, guards, barriers, sheeting or any other method to prevent access to the working area. High Risk Where the nature of the activity or process being undertaken by the contractor presents a risk to staff, students and visitors which requires the complete segregation/closure of a laboratory/workshop, communal area, walkway, etc. until such time as the activity process presenting the risk has ceased. 7 TRAINING Contractors are obliged to ensure that all their operatives have received adequate health and safety training and instruction relevant to the work activities they will be undertaking on University premises. 8 ACCESS TO UNIVERSITY BUILDINGS 8.1 So far as access to the University buildings for contractors is concerned, it is the responsibility of the University to ensure that adequate arrangements are in place. 8.2 Where contractors are working within University buildings they must report to the appropriate building reception initially when they visit the site. Contractors should also wear appropriate identification on their person 8.3 Many specialist areas in which hazardous operations or activities are being undertaken by academics, for example in a chemistry laboratory, are the subject of an Access Authorisation system. The permission of the department is required before any contractor can access the area to undertake work. 6

7 The University will provide contractors with the necessary information to enable contractors to comply with the system. 8.4 Notices are posted in prominent positions throughout the building alerting contractors that they should report to the laboratory superintendent/chief technician. 8.5 No staff, students or visitors are permitted to enter areas that have been designated as medium or high-risk areas. 9 CHILDREN No children are to be permitted in buildings or areas where contractors are working. This prohibition includes the children of staff, students, visitors and contractors. 10 SERVICES Contractors must not connect to, or interfere with compressed air, electrical, gas or other services of the University without the express permission of the Head of Estate Planning Services or his representative. All electrically powered hand tools shall be 110-volt or less, or RCD protected. For 110v tools the contractor is responsible for supplying an approved single-phase type transformer arranged for operation with the centre point earthed. 11 TOOLS AND EQUIPMENT All plant, tools, tackle and equipment used by contractors on University premises must comply with all relevant legal requirements and must be maintained in accordance with appropriate safety standards. Contractors may not use University plant, tools, tackle or equipment without the express permission of the University. 12 GUARDS, FENCES, SCREENS AND ENCLOSURES Guards or fences must not be removed from any machinery or plant without the express permission of an authorised person e.g. chief technician, workshop or laboratory superintendent or member of academic staff in charge of machinery. In any event they must not be removed while machinery or plant is in motion or energised. Guards and fences must be replaced and secured as soon as work is completed and before the machinery or plant is restarted or energised. All contractors' machinery or plant brought on to University premises must, where appropriate, be securely guarded or fenced and comply with the regulations relating to the type of equipment. 7

8 13 WORKING AT HEIGHT 13.1 When work involves the erection of any scaffold support, shoring or similar structure the contractor is responsible for providing whatever additional safety features such as walkways, covers, warning lights, etc that may be necessary for safety. Steps must be taken daily to ensure safety by the removal of ladders or other means of access when work ceases. Any scaffold must be erected and dismantled in a safe and workmanlike manner in order to avoid damage to property and injury to the general public. Contractors installing and using hoists must ensure that they are subjected to the necessary test and examination and that an inspection regime is in place. 14 OVERHEAD CABLES The Head of Estate Planning Services or his representative will locate the position of overhead cables. 15 PERMIT TO WORK SYSTEM 15.1 Certain work activities and locations within the University are subject to a Permit to Work system. The Permit to Work system is to be implemented and operated by the Head of Estate Planning Services. To obtain permits to work contractors are required to assess the hazards, produce risk assessments and method statements for the safe working procedure. This should be based on Health & Safety Executive best practice Guidance. Permits are to be obtained from the appropriate Permit Authoriser based in Estate Planning Services In order to manage and plan the work, Permit Authorisers are to be contacted well in advance of the date when the job is to be undertaken. For example, the need to gain access to a roof may require the provision of temporary edge protection. This will have to be ordered and installed before the Permit to Work can be issued. 8

9 The following is a list of applications for the Permit to Work system: General Applications Exclusions Access to roofs/roof work including all staff & students Inspections on a roof by an Estate Planning Services (EPS) Surveyor and access to a plant room for an EPS Engineer to service/inspect equipment contained within a plant room Construction and Maintenance Applications Exclusions Hot work including welding, flame cutting or any operation which may cause incendiary sparks (undertaken outside a designated workshop) Electrical work Confined spaces Drainage systems (internal & external) Water Gas Solvent/flammable stores Fire alarm/protection systems Emergency lighting systems All fume cupboards & named local exhaust ventilation systems work undertaken in substations, designated mains switch rooms & buried cables e.g. chamber, tank, pit, trench, sewer, flue, some roof spaces which may or could contain corrosive, radioactive, toxic or harmful substances all water main risers, fire fighting mains and buried mains Work on, above or near water such as streams all gas main risers and buried mains all work within designated solvent/flammable stores work which could affect the integrity of a fire alarm, heat/smoke detectors or essential fire fighting equipment work which could affect the integrity of the systems work involving the repair or removal of extraction systems which are designed to prevent exposure to harmful substances normal maintenance and servicing of the systems undertaken by the 'approved maintenance contractor' normal maintenance and servicing of the systems undertaken by the 'approved maintenance contractor' 9

10 Industrial gases Gantry systems Access cradles alterations to the pipe work distribution systems, breaking into a pipe for access purposes Lifts & Hoists all lifts and hoists normal maintenance and servicing of the plant and equipment undertaken by the approved maintenance contractor Excavation e.g. pits and trenches 16 WORK BELOW GROUND 16.1 Ground on University premises may not be broken without first obtaining a Permit to Work. Where possible the Head of Estate Planning Services or his representative will locate insofar as is reasonably practicable existing underground services and point out their presence to those persons carrying out the excavations. No mechanical excavator is to be used within 0.5 metres of electric cables The contractor shall carry out his own survey utilising cable detectors and, where services are likely to be present, the contractor is to carry out a trial excavation/trench using hand tools to confirm the location of services The work site must be made and kept safe by means of barriers, warning notices, lights etc at all times. When work is complete, the site must be made good and all protective covers and warning notices restored All trenches and excavations, particularly those adjacent to roads or existing buildings must be adequately shored. Excavations should be fenced off or boarded over when work is not actually proceeding. 17 HOTWORK Where a contractor is carrying out work such as welding, the breaking or dressing of stone or concrete, grinding of metals etc he is responsible for the installation and maintenance of such screens or enclosures as may be necessary to protect persons other than his employees. Where burning, welding or grinding has taken place the contractor is responsible for examining the area on completion of work and again one hour later to ensure there is no risk of fire. The contractor is to carry out work based on HSE guidance. 10

11 18 SUB-STATION The contractor or his employees must not enter any sub-station, switch room or similar area without the express permission of the Head of Estate Planning Services or his appointed representative. 19 WORK ON FRAGILE ROOFS 19.1 The University will endeavour to identify and sign all fragile roofs. However contractors should ensure that they assess all the roofs that they intend to access Contractor s must ensure that they take appropriate precautions when working on fragile roofs. Where access to a workplace is alongside a fragile roof, the fragile roof must be covered or a guardrail provided to protect the access Steps must be taken daily to ensure the removal of ladders or other means of access when work ceases; also the provision of barriers and warning lights as may be required. 20 CONTROL OF POLLUTION 20.1 Noise Contractors must ensure that persons other than themselves are not subjected to noise levels in excess of the action levels specified in the Noise at Work Regulations 2005, or in any subsequent legislation Dust If dust is likely to be given off by any process or as a result of a working activity adequate steps must be taken to prevent the spread of dust or the risk of inhalation Drains Contractors must not discharge quantities of any liquid or other material into the University drainage system without the permission of the Head of Estate Planning Services or his authorised representative. 21 PERSONAL PROTECTIVE EQUIPMENT The contractor is responsible for providing his employees with personal protective equipment as may be required for the work activity being undertaken. 11

12 22 FIRE 22.1 Smoking, the use of flame, naked lights or the application of heat, as in welding or burning is prohibited in many areas of the University. Contractors and their employees must seek prior permission for these activities from the Head of Estate Planning Services or other authorised person. Smoking is prohibited. Contractors must not store materials on stairways and other fire escape routes and, as far as possible, must keep them clear of obstruction. All portable or flammable stores and equipment should be removed from such areas when work is not actually in progress Contractors and their employees will be advised and then should familiarise themselves on arrival at the work site with the following fire safety matters: a) the nearest means of escape in case of fire; b) the location of the nearest fire alarm; c) the location, type and method of operation of the nearest firefighting appliance Before constructing scaffolding or any other structure, contractors or their employees must ensure that it does not interfere with a means of escape in case of fire. Beware of overhead cables Contractors must evacuate University buildings when the fire alarm is activated. 23 EMERGENCY CALLS FOR FIRE, AMBULANCE 23.1 If it is necessary to summon the fire brigade or ambulance, telephone the emergency services directly by dialling from the nearest telephone. State clearly if the call is for the fire brigade, ambulance or both. Say where it is required and give your name. When you have completed your 999 call, ring 2000 to give details of the emergency to the University switchboard On the Crewe and Alsager sites dial Inform the reception (at Crewe, ext 3111; at Alsager, ext 3222). Reception staff will inform the All Saints switchboard The availability, or otherwise, of first aid facilities does not absolve the contractor from his obligations to provide such facilities under the Health and Safety at Work Act. 12

13 24 WELFARE FACILITIES Contractors are reminded that they must comply with the Construction (Health and Welfare) Regulations 2007 if the University is not providing such facilities. 25 ASBESTOS 25.1 UNDER NO CIRCUMSTANCES must any work be carried out involving asbestos material without the authorisation of the Head of Estate Planning Services or the University s Health and Safety Unit 25.2 All work involving asbestos must conform to the Control of Asbestos Regulations 2006 and associated Codes of Practice and Guidance notes issued by the Health and Safety Executive The removal of asbestos must only be undertaken by contractors holding a valid licence under the Asbestos Licensing Regulations 2006 and have been appointed for that purpose by the Head of Estate Planning Services An appropriate waste transfer certificate must be provided for the disposal of asbestos waste. Where necessary the University must be provided with a clean air certificate after completion of removal procedure The University intends to identify asbestos material insofar as is reasonably practicable within its buildings. The contractor must also exert due diligence and draw the attention to the University any material which may reasonably be suspected of containing asbestos fibres The University is unable to state whether materials physically hidden from fibres If asbestos or suspected asbestos containing material is uncovered and disturbed or damaged during construction activities, the contractor is to stop work immediately and inform the Head of Estate Planning Services. The contractor is to seal off the area safely and preclude staff and students from entering the area. A specialist is to be employed to test the material and surrounding area to establish the level of risk and the recommendations of the specialist are to be carried out before any other work resumes in the area It is the responsibility of the contractor to obtain the necessary proof that all sub-contractors and employees have the necessary training in identification of asbestos containing materials From time to time circumstances arise in which people are inadvertently exposed to asbestos fibres, usually in small quantities, in a variety of situations; examples have included: office workers exposed to asbestos dust during renovation work which disturbed asbestos ceiling tiles, workers possibly exposed to asbestos dust whilst performing routine maintenance on air ducted central heating systems. 13

14 Those exposed receive little or no prior warning of the possible risk to health. In many cases those responsible for the exposure claim to have been unaware of the presence of asbestos prior to the work being carried out. People who may have been exposed to asbestos are understandably anxious and concerned about the possible effects on their health. Moreover, where incidents involve members of the public or vulnerable sections of the population, widespread publicity may result. There is at present no effective post-exposure prophylaxis for the effects of inhaled asbestos fibres, although in smokers the risk of asbestos-induced lung cancer (but not mesothelioma) can be reduced by stopping smoking. There are also no generally available techniques for determining individual lung burdens of asbestos fibres, other than post mortem. In many cases exposure will have been minimal, with little likelihood of any long-term ill effects. However, although the type of asbestos may be known, there will often be little if any reliable quantitative information concerning the level and duration of exposure. Work with asbestos cement is unlikely to pose the same risks as work with asbestos insulation and coating and asbestos insulating board. Asbestos incidents arouse concern and anxiety, and often-unrealistic expectations of medical tests or even treatment. This should be addressed by offering prompt and reasoned advice, without contributing to unnecessary alarm. The guidance in health & safety documents should be sufficient in many cases and is intended to assist those responsible for managing such situations. In circumstances where cases of inadvertent exposure to asbestos may have occurred, the following steps should be considered: (1) Follow the guidance contained in University Health & Safety Unit documents such as Asbestos Management System. Ascertain as far as possible the type of asbestos, the likely exposure levels involved and the duration of exposure. (2) Where employees may have been significantly exposed (for instance exposure may have exceeded the relevant action level), the employer shall obtain advice from its occupational health service provider, particularly regarding the medical assessment and counseling of exposed employees. (3) MMU must be advised in writing by the contractor if there is any suspicion that an incident has occurred on MMU properties. (4) In circumstances where concerns are raised about off-site effects and risks to members of the public, the occupational health service provider should liaise with the Director of Public Health/Director of Environmental Health as appropriate. 14

15 26 DEPARTMENTAL RULES Special rules apply to access to or work carried out in some departments. These must be followed by all contractors' employees, and will be notified to the contractor by the Contract Administrator or his representative. 27 ACCIDENT REPORTING All injuries, dangerous occurrences and fires must be reported to the University Health and Safety Adviser. Contractors are reminded that they have responsibilities for ensuring that they must comply with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations PARKING Except for loading and unloading, contractors must not park vehicles in restricted areas. It is the duty of the contractor to ascertain, before the work commences, the location of the restricted areas. These areas must be kept clear for emergency services. 29 CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2007 Clients all construction projects (Part 2 of the Regulations) Check competence and resources of all appointees Ensure there are suitable management arrangements for the project welfare facilities Allow sufficient time and resources for all stages Provide pre-construction information to designers and contractors Clients additional duties for notifiable projects, (Part 3 of the Regulations) Appoint CDM co-ordinator Appoint principal contractor Make sure that the construction phase does not start unless there are suitable welfare facilities and a construction phase plan is in place. Provide information relating to the health and safety file to the CDM coordinator Retain and provide access to the health and safety file (* There must be a CDM co-ordinator and principal contractor until the end of the construction phase)

16 CDM Co-ordinators duties for notifiable projects, (Part 3 of the Regulations) Advise and assist the client with his/her duties Notify HSE Co-ordinate health and safety aspects of design work and cooperate with others involved with the project Facilitate good communication between client, designers and contractors Liaise with principal contractor regarding ongoing design Identify, collect and pass on pre-construction information Prepare/update health and safety file Designers all construction projects (Part 2 of the Regulations) Eliminate hazards and reduce risks during design Provide information about remaining risks Designers additional duties for notifiable projects, (Part 3 of the Regulations) Check client is aware of duties and CDM co-ordinator has been appointed Provide any information needed for the health and safety file Principle contractors duties for notifiable projects, (Part 3 of the Regulations) Plan, manage and monitor construction phase in liaison with contractor Prepare, develop and implement a written plan and site rules (Initial plan completed before the construction phase begins) Give contractors relevant parts of the plan Make sure suitable welfare facilities are provided from the start and maintained throughout the construction phase Check competence of all appointees Ensure all workers have site inductions and any further information and training needed for the work Consult with the workers Liaise with CDM co-ordinator regarding ongoing design Secure the site Contractors all construction projects (Part 2 of the Regulations) Plan, manage and monitor own work and that of workers Check competence of all their appointees and workers Train own employees Provide information to their workers Comply with the specific requirements in Part 4 of the Regulations Ensure there are adequate welfare

17 facilities for their workers Contractors additional duties for notifiable projects, (Part 3 of the Regulations) Check client is aware of duties and a CDM co-ordinator has been appointed and HSE notified before starting work Co-operate with principal contractor in planning and managing work, including reasonable directions and site rules Provide details to the principal contractor of any contractor whom he engages in connection with carrying out the work Provide any information needed for the health and safety file Inform principal contractor of problems with the plan Inform principal contractor of reportable accidents, diseases and dangerous occurrences Workers / everyone Check own competence Co-operate with others and co-ordinate work so as to ensure the health and safety of construction workers and others who may be affected by the work Report obvious risks 17