Employing contractors

While the contractor is on the premises the occupier has both statutory and common law responsibilties for his health and safety and that of his employees, but may not have any control over how those employees work and behave. By the same token, the contractor has obligations to ensure that the occupier s employees are not put at risk from the way he carries out the work covered by the contract. 

The safe and successful carrying through of a contract depends on good relations and communications Between the occupier and the contractor. This is helped by having well defined and understood conditions in the contract. Occupier s responsibilities include  

Within the above responsibilities, typical subject matters to be considered 

By working closely with contractors, the work can be expedited and the site made a safe place to work. 

Many of the above are summarized in short free publications (1 copy free but a charge for additional copies) 

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Filler Metals. Filler metal shall conform to the requirements of ASME BPV Code Section II, Part C and Section IX, or to a proprietary specification agreed to between the employing contractor and owner. Filler metals may be in the form of welding wire (solid or cored) or consumable inserts. 

The audit program employs contractors for completion of waste audit studies of specific industries. After the studies are completed a final report is then generated, containing recommendations and conclusions for waste reduction. The final report is used as a source document for developing the fact sheets and the WRAM for use by small quantity generators (SQG). Currently 19 different industry waste audit studies have been completed. 

The DPP will be used to brief the divers and any other persons involved in the diving operation and a copy of the plan should be available to any interested party. Checklists are commonly used as part of a DPP to ensure that all aspects of the duties of the employer, contractor, diving supervisor and divers have been covered. 

The general duties of employers to their employees in section 2 of the Health and Safety at Work Act 1974 imply the need for risk assessment. This duty was also extended by section 3 of the Act to anybody else affected by activities of the employer - contractors, visitors, customers or members of the public. However, the Management of Health and Safety at Work Regulations are much more specific concerning the need for risk assessment. The following requirements are laid down in those regulations ... 

The relationship of teleworker to employer can be ambivalent Certain conditions are similar to those of self-employed contractors because the workplace is located away from the company and work is performed... 

There are a number of inherent risks to be considered when employing contractors. In terms of fire safety management these risks arise from the actions of the contractors during the work itself and the subsequent impact upon the fire safety arrangements within the building following the contracted works. 

HSWA was introduced as an enabling Act which became the umbrella for all existing Health Safety legislation, i.e. Noise, COSHH, Electricity etc. Regulations introduced under the HSWA expanded on the Act and each new regulation introduces the concept of assessment of risk. This requirement made the employer (contractor) examine the specific work operation to identify hazards and ensure that they were safely controlled. 

When outside employers/contractors enter our facility to perform work in permit spaces, we coordinate entry and work operations following these procedures . ... 

Pure aluminum cannot be used as an anode material on account of its easy passivatability. For galvanic anodes, aluminum alloys are employed that contain activating alloying elements that hinder or prevent the formation of surface films. These are usually up to 8% Zn and/or 5% Mg. In addition, metals such as Cd, Ga, In, Hg and T1 are added as so-called lattice expanders, these maintain the longterm activity of the anode. Activation naturally also encourages self-corrosion of the anode. In order to optimize the current yield, so-called lattice contractors are added that include Mn, Si and Ti. 

Use of Vendors. During the validation phase of the study, vendors can be effectively employed. Often, vendors w ill provide quite detailed studies free of charge for goodwill or in hopes of a later sale. Contractors use vendor help routinely for process designs or studies. Credit is usually given in the contractor s presentation of results for any vendor participation. 

Two types of contractors will be utilized a perforated-plate column for S i and a packed column for Sj. The basic design and cost data that should be employed in this problem are given by El-Halwagi and Manousiouthakis (Chem. Eng. Sci., 45(9), p. 2831, 1990a). 

Medical surveillance programs range from support contracts with local hospitals or physicians to full-scale on-site occupational health organizations that include physicians, nurses, and technicians who are employed by prime contractors. The option selected depends on the size of the project, the nature of the hazards involved, the capabilities of local facilities, and the resources available. 

The site-specific safety and health plan (SSAHP) mnst inclnde pro-cednres for implementing and enforcing safety and health rnles for all persons on site, inclnding employers, employees, ontside contractors, and visitors. 

All lower tier subcontractors engaged by a contractor/subcontractor providing services to the host organization will be qualified in accordance with this procedure, the same as the contractor/subcontractor, with particular emphasis on the prequalification form, insurance requirements, and safety rules. A qualified contractor/subcontractor file shall be maintained by purchasing for each lower tier subcontractor employed by a contractor/subcontractor. 

Contract employees must perform their work safely. Considering that contractors often perform very specialized and potentially hazardous tasks, such as confined space entry activities and nonroutine repair activities, their work must be controlled while they are on or near a process covered by PSM. A permit system or work authorization system for these activities is helpful for all affected employers. The use of a work authorization system keeps an employer informed of contract employee activities. Thus, the employer has better coordination and more management control over the work being performed in the process area. 

A well-run and well-maintained process, where employee safety is fully recognized, benefits all of those who work in the facility whether they are employees of the employer or the contractor. 

Another incident occuned when contractors were employed to clean several black oil tanks, 4,500-m capacity, so they could be used for the storage of kerosene. The details of the contract were agreed verbally. After removing solid residues and the heater coils, the tanks would be sprayed w ith hot water and a detergent. Floodlights were suspended through roof manholes and were to be removed before the tanks were sprayed. 

The correct selection of the form of contract to be used when inviting proposals is of paramount importance, as it constitutes the signed agreement between the employer and the contractor and forms part of the conditions of contract. 

Depending on the scope and complexity of maintenance as well as economic considerations, inspections and performance will be (both or either) the responsibility of in-house permanently employed staff or outside specialists or contractors. In the latter case, particular expertise is required, and this should be reflected in the selec-tion/procurement procedure. 

Depending on its complexity and urgency, repair work may best be carried out by in-house staff employed and trained for this purpose (but not necessarily to the exclusion of other work) or by directly employed labor skilled in particular trades or by specialist contractors. In many cases immediate (but adequate) steps can be taken by permanent staff, sufficient to deal with an acute problem while deferring more comprehensive or permanent repairs to be carried out by outside specialists (possibly as part of a regular maintenance program with resultant economies). 

The collection and tabulation of data will provide an opportunity to become familiar with the company and will generate a good understanding of the operation of the plant. Much of the data will be needed to establish the models needed to size the various areas of the plant. For instance, hours worked should be analyzed to identify shift work, direct and indirect effort, and the normal and overtime activity. Outside contractors may be employed, and this contribution will need to be determined, sometimes by visiting the contractor s facilities. When expansions are being planned, it may be necessary to discuss the contributions that outside contractors make to the factory and assess the increase which they can accommodate. 

A contract document cannot go against a common law rule, by the introduction of an express term. There are several ways to employ the contractor, and some of these are outlined below ... 

The essence of a plant engineering contract will be that the plant actually performs to the criteria laid down in the design, and this must be established before a Practical Completion Certificate is even considered. Tests will need to be made to the plant, and then it will be commissioned by the contractor and left in a condition whereby it can be operated as specified. When the work within the contract is complete, a certificate should be issued by the client (or employer) to the contractor. The architect or consulting engineer acting as agent normally performs this duty. 

Employers must, as far as is reasonably practicable, have regard for the health and safety of contractors employees or the self-employed who may be affected by the company s operations and for the health and safety of the general public. This covers, for example, the emission of noxious or offensive gases and dust into the atmosphere, or danger from plant and equipment to which the public or those not directly employed by the company have access. 

Inspection schedule It is not unusual for those who employ such firms to ask for an inspection schedule as suggested in (4) above, prior to making an appointment. Some large organisations lay down in general terms the numbers of inspectors and how they require the work to be inspected. However, the inspection schedule is not only the key to what may be expected from individual firms, it is also useful in summarising the inspector s duties and in informing the contractor as to how his work will be checked. 

However, most other types of organizations (such as the millions of commercial, institutional, and industrial buildings and facilities globally) do not produce water or steam as a primary product. Rather, they focus on their own market arenas, with the result that, by and large, they lack adequate skilled water treatment expertise and resources internally. These industries therefore employ water treatment service companies as specialist contractors. 

Traditionally, customers employ water treatment service companies simply as external contractors to assist in the maintenance of clean and efficient waterside surfaces in their various heating, steam generating, cooling, and certain industrial process systems. The customers benefit from genuine improvements in operating efficiency, reductions in maintenance time, and replacement component costs. In addition, where industrial processes are involved they often profit from an added-value, due to an improved product quality or reduction in manufacturing cost. 

If your employees go to work for another employer on your behalf (eg if you are a contractor) you will need to check that they are given relevant health and safety nformation for that location, by that emplgyer/company... 

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