Employing contractors: What you need to know

Darren Bagnall from Flat Living Insurance, discusses what to think about when hiring contractors, the importance of training procedures, and the legal duties you have.

Contractors often do dangerous work. That means that, no matter how experienced they are, there is always a risk of an accidents or injury taking place, not only to contractors’ employees, but also the other flat owners, employees, tenants, residents and their visitors.

Accidents can result in civil claims for compensation and statutory proceedings against property owners and their managing agents.

The following information relates to those statutory provisions and to the control of contracted services, including general building work.

Legal Duties

As a landlord (or the person responsible for hiring the contractor), you have a legal obligation for any contracted works carried out on your ground. The legal situation is spelt out in the Health and Safety at Work etc Act 1974:

Section 3 requires employers (and the self-employed) to ensure that:

• their activities do not endanger persons not in their employ, and 
• information is given concerning potential health and safety hazards.

Section 4 places duties on occupiers and/or owners of premises to ensure that:

• the premises, plant and substances contained in them are safe and without risks to health, and
• reasonable measures are taken to provide safe access.

In short, you must ensure that your contractor is not at risk from working on your building and your contractor must ensure that you, the other flat owners, any employees, tenants, residents and visitors are not at risk from his activities.

Other more detailed legal requirements are contained in The Management of Health and Safety at Work Regulations 1999, The Occupiers Liability Act 1984 and the Workplace Regulations 1992.

How to select and employ contractors

In its widest sense, the term ‘’contractor‘’ does not merely refer to building contractors. It includes any individual or company who enters premises to fulfil a contractual obligation between the property owner or their managing agent and a third-party company.

Contractors could be:

• Builders/joiners etc
• Telephone engineers
• Window cleaners
• Contract cleaners
• Plumbers
• Electrical/mechanical maintenance engineers
• Grounds maintenance/gardeners

When selecting contractors, health and safety aspects must be taken into account as well as their ability to complete the work. Many organisations have a policy of only using contractors from an ‘Approved List’ of firms whose capability, quality and health and safety performance are already known.

The selection procedure should also include a check that the contractor has adequate employers’ liability and public liability insurance cover.

Each trade association will have a website which contain their approved and trusted members.

Planning

Many accidents involving contractors have happened because of a failure to plan the job properly i.e. taking account of health and safety aspects which are likely to arise.

A risk assessment needs to be made and communicated to all involved.

For high risk operations such as working at heights, the contractor should be asked to prepare and then work to a written method statement.

Clear Responsibilities

The work to be done, the areas in which the contractors can operate, together with what can and cannot be done, should be clearly defined.

This is normally done in the form of ‘Site Rules for Contractors’, usually printed as a leaflet.

This should be kept as simple and user-friendly as possible and it is essential that the contractors on site actually doing the work are aware of the contents.

Getting signed receipts on issue of these leaflets is strongly recommended.

Training

Even if they are fully competent specialists, contractors will still need some training or induction if they are to appreciate the unique features or hazards they may come across whilst working at your premises.

Individual records of training and induction provided should be kept.

Method Statements are vital to ensuring that each party involved in the work understand their responsibilities. You need to establish this writing prior to start of work and ensure the needs and requirements of tenants, residents and visitors are included.

Include contractors’ operations in all safety audits/inspections, paying special attention to access and egress.

• Inform your staff, tenants and residents where contractors are working in their particular area, identifying any overlaps which may adversely affect health and safety.
• Contractor employees should be trained to recognise site dangers. Misuse of your equipment or facilities should never be allowed. Similarly, hazardous substances should be used safely
• Contractors should provide safe plant and equipment and all necessary PPE.