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Element 3

Organising for Health


and Safety

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Contents
Page No
Organising
Roles and Responsibilities
Management of Contractors
Managing Contractors
References

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Organising
Organising is the second step in the ILO-OSH management cycle. It requires an
infrastructure, with detailed responsibilities and relationships, in order to deliver
organisational goals.
The following key points are generally accepted about organisations:
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organisation is a general term, and its use is not restricted to industry and
commerce;

organisations are created by people and populated by people;

organisational success is dependent upon individuals working towards


common goals in a co-ordinated and controlled manner; and

informal groups and structures are often as important as formal structures.

Every organisation will be subject to internal and external influences and business
risks. These risk influences can be divided into service or product:
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inputs into the organisation;

processes within the organisation; and

outputs from the organisation.


INPUT

PROCESS

OUTPUT

Design / construction

Routine operations

Product and service design

Design / installation

Non-routine operations

Packaging / labelling

Purchase / procurement

Maintenance

Storage / transport

Recruitment / selection

Plant and process


change

Off-site risks

Selection of contractors

Disposal and pollution control

Acquisitions

Foreseeable
emergencies

Information

Decommission

Information

Demolition
Table 1: Examples of Organisational Risk Influences

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In a health and safety context the influences should be managed to avoid or minimise
risk. Many of the risks, however, are not under the direct control of an organisations
management. Hence, international and national legal and best practice product,
service and worker standards are developed to control both internal and external
influences on an organisation. Roles and responsibilities for internal and external
parties are contained within these standards.

Roles and Responsibilities


Legal and organisational roles and responsibilities include:
Role

Responsibility

Internally
The employer (corporate companies,
e.g. CHSS Ltd. and non-corporate
individuals, e.g. sole traders)

Health, safety and welfare of employees and


others affected by work activities and premises,
e.g. visitors, contractors, the public

Directors and senior managers

Implementing the health and safety policy, on


behalf of the employer

Middle managers and supervisors

Health and safety of subordinates

Health and safety adviser/s,


appointed person/s, etc.

Primary health and safety functions

Employees

Health and safety of themselves and others who


may be affected by their acts and omissions

Externally
Persons in control of premises (other
than the employer)

Health and safety of those using the premises as


a place of work and for those using substances
provided

Self employed

Health and safety of themselves and others

Supply chain: suppliers,


manufacturers and designers of
articles and substances for use at
work

Health and safety of their products and the


provision of information

Clients and contractors and duties to


each others employees

Adequate selection of contractors and effective


planning and co-ordination of contract work

Table 2: Organisational Relationships and Responsibilities

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Duties of Employers
A key employers health and safety responsibility, which is common to many
countries, is to ensure the health, safety and welfare of employees and others, e.g.
visitors, contractors and the public, affected by their work activities and premises.
The self-employed have similar duty towards themselves and others.
Employers responsibilities towards employees often include the provision of:
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a safe workplace;

safe work equipment and substances;

information, training, instruction and supervision;

welfare(well-being) facilities;

emergency procedures; and

consultation with employees or their representatives.

Informing suggests a one-way process of providing information to the employee,


whereas consulting is a two way process in which the employee receives
information and provides feedback. The employer then takes into account the views
and issues of employees (see Element 4).
Where more than one employer shares a site or premises, e.g. joint occupation, they
should co-operate with each other and ensure the effectiveness of health and safety
measures.

Duties of Employees
Health and safety rights and responsibilities of employees, which are common to
many countries, include:
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co-operation with employer, e.g. where the employer has a legal obligation to
provide safety glasses, where a risk assessment has identified a risk to sight,
the employee has a duty to co-operate and wear the glasses;

consultation with employer;

reporting dangerous situations to employer;

rights to receive information, instruction and training; and

a duty of care to themselves, and other persons, by working safely, e.g. by


using equipment and following safe systems of work as informed / trained.

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Controllers of Premises
Those in control of premises, e.g. landlords through ownership or tenancy
agreements, generally should ensure that the premises:
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are safe;

have safe access and egress; and

that plant or substances they provide for use are safe and do not endanger
health.

Contract agreements may place further responsibilities on the controller of premises,


e.g. for the maintenance of the premises and equipment, e.g. passenger lifts.

Designers, Manufacturers and Suppliers


Many legal trading standards relating to articles (e.g. plant and equipment) and
substances have been transposed into harmonised international standards, e.g. ISO
12100 relates to design concepts to ensure the safety of machinery.
Persons designing, manufacturing, importing or supplying articles or substances
have general responsibilities to:
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ensure articles (items) are safe and without risks to health when used, set,
cleaned or maintained;

ensure substances (materials) are safe and without risks when being used,
handled, processed, stored or transported;

carry out or arrange for the carrying of tests, research or examinations which
may be necessary to comply with above;

provide information about the use and conditions necessary to ensure that the
setting, cleaning, maintaining or disposal of the article or substance is safe,
and without risks to health;

take reasonably practicable steps to provide further information should new


serious risks come to light; and

ensure that anyone erecting or installing articles for use at work ensures that
they are safe and without risks to health when used, set, cleaned or
maintained.

Responsibilities of Health and Safety Advisers


Health and safety advisers should:
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be properly trained and suitably qualified for the level of organisational risk;

maintain adequate information systems;

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be able to interpret the law in the context of their own organisation;

be involved in establishing management and risk control systems;

establish and maintain procedures for reporting, investigating, recording and


analysing accidents and incidents;

establish and maintain procedures to monitor, review and audit health and
safety; and

be able to present their advice independently and effectively.

Relationships outside the organisation


Health and safety advisers may need to liaise with a wide range of external
individuals and bodies including:
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the Enforcing Authority;

the Fire Rescue Service;

insurance companies;

contractors;

external consultants;

architects and engineers;

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equipment manufacturers and


suppliers;

clients and customers;

the Police;

occupational health practitioners


(specialist);

members of the public; and

the media.

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Management of
Contractors
Almost all organisations will at sometime use contractors to carry out work of various
types. This can range from very simple work such as window cleaning, office
machinery repair, to catering or security services, up to a major construction project
to extend or refurbish premises.
The use of contractors is increasing as organisations in the modern global economy
downsize, however, even if contractors represent a small proportion of an
organisations workforce, they often tend to be used on high risk activities.
Many of the health and safety problems arising from contract work result from:
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unsuitable methods for selecting the contractors;

poor planning and agreement over the method of carrying out the work;

poor communication regarding the risks created by each party and the
precautions that should be taken; and

poor monitoring or supervision by either party.

Responsibilities During General Contract Work


Whilst introducing new risks to the client, the contractor is also confronted by the
associated risks presented by the client. Therefore, there is a great need for
effective communication, co-operation and co-ordination. Health and safety
management during a contract is, therefore, a shared responsibility.
Any arrangement by an organisation to use a contractor will result in a network of
duties for health and safety being created, with all parties having to fulfil their
responsibilities as well as those imposed by any contractual arrangement. Any duty,
legal or otherwise, cannot be avoided by a contract unless specifically permitted.
In general, the client, as an employer, has responsibilities regarding:
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the risks to the safety of employees arising from the work;.

the risks to the contractor/s employees arising from the organisations


premises, plant, equipment and activities; and

risks to the public or other third parties arising from the work.

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In general, the contractor and sub-contractors, as employers, have responsibilities


regarding:
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the risks to the safety of their own employees arising from the work;

the risks to the clients employees arising from the work; and

risks to the public or other third parties arising from the work.

Type of Contract
Contract conditions vary considerably. The conditions greatly affect the legal and
practical issues. In general, contracts fall into three main types:
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labour only;

fixed price contract; and

work on totally separated site.

Labour Only Contract


Where labour is supplied to work under the direct control of a client, as in the case of
agency staff, etc., the client has a duty to ensure that the agency is aware of any
special competence needed and of the need for any health surveillance. The
contractor should be informed of any risks to which he / she may be exposed and
any precautions, including emergency procedures that apply. Additional training may
be required. The contractor should be treated for all practical purposes as an
employee.
The question of who provides equipment, including personal protective equipment,
should be resolved between the parties. It is the clients duty to supervise as for an
employee.
Fixed Price Contract
A commonly used type of contract, this involves a contractor providing a service such
as cleaning, repair, maintenance, etc. In this case the client is often relying on the
competence and expertise of the contractor to carry out a specialised task. This
does not absolve the client of responsibility. Selection and monitoring are crucial in
these cases, as is a clear understanding of exactly how the work will be carried out
and how it will be supervised.
Totally Separated Sites
Typically these involve projects which, though carried out on the clients premises,
can be securely fenced off from the rest of the premises. This has the effect of
greatly reducing the matters that are within the control of the client, and often the
legal duties that go with them. Hazards, e.g. noise, etc., that can pass through or
over the fence should still be considered, as should access to the site.

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Managing Contractors
The effective management of contractors can be broken down into 5 basic steps:
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Selecting a contractor.

Planning the job.

Controlling contractors on site.

Checking the contractors work.

Reviewing the contractors performance, and the effectiveness of control.

Step 1: Selecting a Contractor


The contractor's competence should be properly assessed before appointment. This
may be through formal systems such as central purchasing and select tender lists or
may be less formal.
Checklists may be used to gauge how seriously a potential new contractor regards
health and safety. The depth of questioning needs to be tailored to the risks of the
job, but general considerations include:
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experience of the type of job and the industry sector;

suitable references;

enforcement history, e.g. prosecutions and enforcement notices;

safety management documentation including policy, risk assessments, safe


systems of work, e.g. method statements, and monitoring arrangements;

accident and ill-health data;

membership of trade / professional bodies;

means of demonstrating employee competence, e.g. qualifications,


experience, training, etc.;

arrangements for selection and management of sub-contractors, if used;

arrangements for ongoing liaison with the client; and

arrangements for managing and supervision of employees.

The contractor best equipped to meet the job requirements should be selected.

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Step 2: Planning the Job


Health and safety needs to be managed effectively throughout the project. The client
and contractor need to co-ordinate their activities through effective communication
and close co-operation to ensure that all risks associated with the job are adequately
addressed.
Information regarding the nature of the job, the task, site specific hazards and site
rules will need to pass from the client to the contractor.
The contractor will need to incorporate this information into the risk assessment of
the job and resulting safety method statements detailing how the job is to be
undertaken so that risks are effectively managed.
Each partys responsibilities for health and safety throughout the project should be
clearly defined and documented.

Step 3: Controlling Contractors on Site


Site health and safety rules should be communicated to the contractor in advance
and be reiterated when the contractors first arrive on site.
A site induction should be provided and checks made to ensure that essential points
have been understood.
A site contact should be nominated to liase with the contractor. The site contact
should have sufficient authority and competence to undertake the role, which
involves:
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general communication;

pre-commencement checks to determine whether the contractor is able to


carry out the job as agreed;

ensuring site controls, e.g. permits-to-work and emergency arrangements, are


in place; and

monitoring performance.

Step 4: Checking Contractors Work


Monitoring is critical in ensuring that contract terms and conditions are being met in
terms of technical quality as well as health and safety.
The frequency of checks is dependant upon the hazards and risks associated with
the job. High risk work may require several checks per shift, long duration low risk
work may be subject to weekly or less frequent checks.
The proposed frequency should be decided and agreed at the beginning of the job,
with the understanding that it may vary in light of ongoing experience.

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Checks should be both announced (e.g. at the end of a shift) to review progress, and
unannounced, to check adherence to safety method statements and site rules.

Step 5: Reviewing the Contractors Performance and the


Effectiveness of Control
The contractors job is complete when the work has been done according to plan and
the terms of the contract agreement.
A joint client / contractor review can be effective in evaluating both the quality of the
contractor's performance and the effectiveness of the clients control of the project.
Any issues arising should be recorded. The information may determine the future
use of the contractor or the need for changes to contractor management
arrangements.

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References
ILO

1981

C155: Occupational Safety and Health


Convention.

ILO

1981

R164: Occupational Safety and Health


Recommendation.

ILO

2001

ILO-OSH: Guidelines on Occupational Safety


and Health Management Systems.

BSI

1999

OHSAS 18000: Occupational Health and Safety


Assessment Series.

BSI

1999

OHSAS 18001: Occupational Health and Safety


Management Systems Specification.

BSI

2002

OHSAS 18002: Occupational Health and Safety


Management Systems Guidelines for the
Implementation of OHSAS 18001.

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Notes

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