Responsibilities

3.1      Heads of Service, Contracting Officers, Head Teachers and Heads of Establishments

When allocating work to contractors the above must ensure that where appropriate:

• all contractors used have achieved Stage 1 health and safety compliance (see 6.1);
• Stage 2 health and safety checks are carried out before award of contact (see 6.2); and
• all health and safety arrangements are in place before the work is started.

3.2      Persons drawing up contracts (Contracting Officer)

This includes the contract sections of all Service areas and will also include consultants who may draw up contracts on behalf of the Council.

Those contracting officers responsible for the drawing up of contracts must be competent to do so and ensure that health and safety considerations are incorporated as far as possible into those contracts and that only contractors who are competent to fulfil their responsibilities for health and safety are selected to work for the Council. See sections 5, 6, 7 of this document.

3.3      Supervising Officers

Such as Clerks of Works, Engineers, Architects, Surveyors, Client Support Officers, Consultants etc.

Must:

• ensure contractors take adequate account of the health and safety of those affected by their work activities;
• act upon any hazard they observe, or which is drawn to their attention, which may put at risk the health or safety of any Council employee, client, pupil or member of the public and record the action taken;
• inform the contractor of any hazards on the site that may put the contractor or its employees at risk;
• ensure that, where applicable, the requirements of the Construction (Design and Management) Regulations 2015 or any other relevant legislation are fulfilled. See section 7 of Part 2 the Toolkit for more details; and
• follow specific Service area procedures and guidelines that have been produced by the Service area initiating and managing contracts. 

3.4      Managers of Council Premises – With Responsibility for Initiating and Controlling Contracts

Where a Manager of Council premises e.g. a Headteacher or establishment manager is the person initiating and controlling a contract they will, together with the contractor, have complete responsibility for:

• ensuring that relevant legislation is complied with;
• ensuring the health and safety of anyone affected by the works;
• informing the contractor of any hazards known to them, which exist on the site or other relevant information relating to the safe operation of the site, including emergency procedures;
• monitoring the performance of the contractor; and
• complying with the CDM 2015 client’s duties.

And for fulfilling the responsibilities of the:

• contracting officer
• supervising officer

Commissioning the appropriate specialist procurement function from within the local authority may discharge such responsibilities.

3.5      Managers of Council Premises – Where the manager has not initiated the contract:

• Remain responsible for the safety of members of staff, pupils, clients and members of the public using those premises;
• must assume some responsibility for local monitoring of the contractor and informing the contractor of any risks on the site (see Part 3 Forms and Checklists Appendix 8 of the toolkit for a suggested checklist);
• must take appropriate action should they feel that anyone on the premises is put at risk by the activities of the contractor; and
• record the action taken.

3.6      Where equipment and / or workspace is provided by the Council for a Contractors use e.g. in catering contracts                                                              

In the majority of cases, it will be the responsibility of the owners of the equipment and / or premises to have a system in place for its maintenance.

The responsibilities for repair and maintenance of buildings and equipment must be:

• clarified at the time that the contract is let; and
• stated in the contract

Arrangements must be put in place to ensure that any required maintenance is carried out.

3.7      Contractors

All contractors engaged by the Council, including self-employed persons have a legal obligation to:

• ensure they and their subcontractors are competent to undertake the works required;
• protect themselves and their employees;
• ensure that their work activities do not put others including members of the public and Council employees at risk; and
• assess the risks that their activities pose to themselves and others and take appropriate action to control those risks.

3.8      Shared Workplaces

Where two or more employers share a workplace, either temporarily or permanently, they must:   

• assess the risks to health and safety of their own employees and others affected by their undertaking; and
• co-ordinate and co-operate on health and safety matters e.g. arrangements for fire and first aid.

3.9      Training

Buckinghamshire Council or its Consultant’s employees with a responsibility for organising and supervising contracts must:

• be competent to do so, see definition of competence in Part 3, Forms and Checklists, Appendix 16; and

have received sufficient training in order that they may fulfil their responsibilities as outlined in this guidance. This may be via their employer, their professional body, a qualification and/or experience.