The role of the Contractor as defined in the Construction Design and management Regulations (CDM) 2015.
In this blog we are going to look at the duties and responsibilities of the Contractor under the Construction Design and Management regulations (CDM) 2015.
The duties and responsibilities of contractors are extensive, but they need not be complex.
Introduction
Duties of Contractors under the CDM Regulations
Additional Responsibilities
Summary of duties
Introduction
The main duty of a contractor on any construction project is to plan and manage construction work under their control so that it is carried out in a way that controls risk to health and safety.
Contractors have a range of other duties that depend on whether more than one contractor is involved in the project. If so, their duties entail co-ordinating their activities with others involved in the project team – in particular, complying with directions given to them by the principal designer or principal contractor.
If there is only one contractor for the work, they have responsibilities to prepare a construction phase plan and prevent unauthorised access to the site. Where contractors are involved in design work, including for temporary works, they will carry out duties as designers.
Please see our earlier blog: The role of the designer under CDM
Duties of contractors under the CDM Regulations
Duty to manage your own work
Contractors must:
Address the client’s requirements, any pre-construction information provided by the principal designer and relevant parts of the construction phase plan and any other requirements provided by the principal contractor when planning your work, for example information about underground services.
Ensure those carrying out your work have the right skills, knowledge, training, experience, and supervision.
Ensure those carrying out your work have the right plant, tools, equipment, materials, and personal protective equipment.
Pass on relevant information and instructions to workers. This could be done by briefing workers and, for higher risk tasks, using a safety method statement which outlines the planned method, sequence, and control measures
Ensure that your workers comply with the site rules.
If required, co-ordinate your work with those of other contractors and the principal contractor.
Agree with the principal contractor how information will be exchanged to allow both of you, and other contractors, to manage health and safety.
Ensure your workers receive a site induction.
Allow workers sufficient time to prepare and carry out the work.
Inform the principal contractor of any intention to sub-contract elements of your work.
Co-operate with the other duty holders:
Cooperate with the principal contractor and other contractors.
Ensure that the risks are properly managed and controlled.
All contractors, including utilities, specialist contractors, contractors nominated by the client and the self-employed, must ensure that the site is a safe place to work.
Ensure good co-ordination, communication and co-operation between all those involved.
Duty to consult with employees:
You must consult all your employees, in good time, on health and safety matters.
Issues you should consult workers on include:
Risks arising from their work.
Risks arising from others, work or the environment they are working in.
Proposals to manage and/or control these risks.
The best ways of providing information and training.
Workplaces where workers are involved in helping to make decisions about health and safety are safer and healthier. Collaboration with your workers helps you to manage health and safety in a practical way.
Examples of this are:
Helping to spot workplace risks.
Making sure health and safety controls are practical.
Increasing the level of commitment to working in a safe and healthy way.
Additional Responsibilities.
If there is the only contractor on the project then the contractor is responsible for drawing up a construction phase plan which describes how health and safety will be managed during the construction work.
The plan should be:
Proportionate to the size and nature of the work, and the risks involved.
Be workable and realistic.
Be sufficiently developed to allow work to start on site.
Regularly reviewed and added to as new trades start.
Ensure welfare facilities are provided.
On a project where there will be the only contractor, the contractor is responsible for ensuring welfare facilities are provided.
Welfare facilities must include:
Well-lit and ventilated toilets that are suitable for all.
Well lit and ventilated washing facilities next to the toilets, including:
Hot, cold, or warm running water.
Soap or hand cleaner.
Towels or means of drying hands.
A supply of drinking water and cups.
Facilities for rest including tables and chair.
Where required, changing rooms and lockers.
The facilities must be regularly cleaned and cater for the expected number of workers on site. You should expect support from the client, who has a duty to ensure the arrangements are made for providing suitable welfare facilities
Ensure a site induction is provided.
When working on a project where there will be only one contractor, the contractor will need to ensure a suitable site induction is provided to every site worker.
The following induction topics should be considered:
Senior management’s commitment to health and safety.
An outline of the project.
Management of the site, for example who the site manager is.
Site-specific health and safety risks, for example any requirement to work near overhead cables.
Control measures on site, for example site rules, vehicle and pedestrian segregation, PPE, temporary electrics, and site restrictions such as delivery arrangements. Dealing with emergencies, including first aid arrangements.
Accident and incident reporting arrangements.
Training details, for example provision of toolbox talks and task briefings. Arrangements for consulting the workforce on health and safety.
Individual workers’ responsibility for health and safety.
Ensure the site is secure if there is only one contractor.
If the project will only have one contractor, then the contractor must take reasonable and proportionate steps to prevent unauthorised access to the site or work area and ensure that the work will not put the public or others at risk.
Appointing contractors and workers
Ensure all workers on your site have the necessary skills, knowledge, training and experience for the work they are carrying out.
Workers must:
Have the necessary skills, knowledge, training and experience to do the job safely and without putting their own or others’ health and safety at risk.
Be properly supervised and are given clear instructions.
Have the right tools, equipment, plant, materials and protective clothing.
Contractors talk with workers (or their representatives) about health and safety issues.
Make arrangements for employees’ health surveillance where required.
Duty to provide the right supervision
Ensure that those managing and supervising the work have the right blend of skills, knowledge, training and experience and that there is an adequate number of supervisors.
The supervisor will need to be familiar with the type of work planned.
Assess the degree of supervision needed, taking account of the skills, knowledge, training, experience, and likely behaviour of the workers.
Summary
Co-operate with the other duty holders.
Duty to consult with employees.
Ensure welfare facilities are provided.
Ensure a site induction is provided.
Ensure the site is secure if there is only one contractor.
Ensure all workers on your site have the necessary skills, knowledge, training and experience for the work they are carrying out.
Duty to provide the right supervision.
The role of the contractor is extensive, but it need not be complex.
Yorkshire Health and Safety can assist you in the successful delivery of all your projects from concept to completion.
At Yorkshire Health and Safety, we build strong relationships with clients based on communication, collaboration, commitment, trust and aligning with your key safety performance goals.
With over 30 years’ experience delivering successful projects for clients and working with clients’ principal contractors, we know the challenges that come with delivering successful projects, be it commercial, industrial, construction manufacturing, housebuilding, refurbishment, shopfitting and office interiors.
If you require further assistance with any of the topics raised in this post or assistance with CDM on your current or future projects, please get in touch.
Yorkshire Health and Safety