Where a workplace is shared by more than one employer, whether temporarily or permanently, all those employers have a duty to co-operate on health and safety matters relevant to their employees and other people who may be affected by the work. They must co-ordinate any measures required to manage health and safety, and they must also ensure that relevant information is exchanged on any health and safety risks and the measures taken.
The University, contractor and sub-contractors if appointed, have shared responsibilities to protect each other, their workforce and anyone else (e.g. students, visitors, people living nearby, and other members of the public). These responsibilities cannot be passed on from one party to another by a contract. All parties must co-operate to ensure that health and safety is properly managed.
The level of risk will depend on the nature of the contracted work; any health and safety requirements need to be proportionate to the risk. The more impact the contracted work could have on the health and safety of anyone likely to be affected by it, the greater the need for specific arrangements to be made.
Definitions
A shared workplace may arise where contractors are used to carry out work or provide services whether under one-off, short-term or long-term contracts.
Contractors are anyone not directly employed by the University but brought in by the University, or by the University's landlords, to carry out work or provide services. This could include, for example, a promotional event, a research project, regular equipment servicing, an IT installation, office refurbishments, on-call buildings maintenance, and the University's catering outlets.
The definition of contractor does not include representatives of companies who make brief visits, for example sales and simple deliveries.
The University's Responsibilities
Faculty Operating Officers and Directors of Professional Services appointing contractors are responsible for ensuring the adequacy of shared arrangements for the work. They must ensure that relevant University groups who may be affected by the work are consulted at the earliest possible opportunity and are included in liaison arrangements throughout the work. Consultation must also include any neighbours in the building or on the campus who may be affected.
In particular, the Campus Facilities Office must be consulted on any work which may affect University premises (grounds, buildings or campus structures), integrity, facilities or services. In these cases, the Campus Facilities Office must be advised of all contractors on site. Contractors must report to the Campus Facilities Office administrative office before commencement of work in order to be provided with a temporary identity card, health and safety information and, if necessary, a Permit to Work.
Faculty Operating Officers and Directors of Professional Services appointing contractors will:
- clearly identify the nature and extent of the work to be contracted
- consider the health and safety implications of the work with regard to staff, students, or anyone else who could be affected by it
- appoint suitable, competent contractors
- provide contractors with clear information on the required work, any relevant known hazards or constraints of the University's premises or activities, and relevant local health and safety arrangements including emergency provision. This information will be based on the University's risk assessments for its own work activities
- provide contractors with and receive acceptance of Safety, Health and Environmental Requirements for Contractors before works commence
- provide Procurement and Business Services with relevant information for inclusion in formal contract tendering exercises where necessary
- consult with contractors on how they propose to carry out the work. This will include the contractor's risk assessments and proposed procedures
- identify with contractors any shared risks arising from each other's work, in particular, any risks that other parties could not reasonably be expected to know about
- Agree with contractors any necessary controls to eliminate or reduce shared risks
- Ensure co-operation and co-ordination between all parties, including arrangements for liaison, reporting of problems or accidents, provision of information, and consultation with employees
- Appoint a suitable competent person responsible for day-to-day management and supervision of contractors while the work is in progress
- ensure all staff working on site sign in at the local Campus Facilities office and have an annual safety induction
- ensure any require permits are requested and issued before works commence
- ensure all contractors report to the Campus Facilities Office to sign in and have an annual general site induction
- liaise with the Campus Facilities Office to ensure that any required permits are completed prior to works commencing
Procurement and Business Services will:
- seek information from Faculties/Directorates proposing to contract work under formal contract tendering exercises
- ensure information provided by the Faculty/Directorate is included in contract documentation
- take account of the contractor's record of compliance with the University's health and safety requirements when advising on and awarding future contracts.
The Contractors' Responsibilities
Contractors are expected to:
- co-operate with the University in its responsibilities to manage health and safety
- return the acceptance of Safety, Health and Environmental Requirements for Contractors before works commence
- assess risks for the contracted work, exchange information with the University on the proposed procedures for the work, and agree with the University any necessary controls to eliminate or reduce shared risks
- allocate adequate resources, including competent workers
- appoint suitable, competent sub-contractors if necessary
- provide information to their own employees, and sub-contractors if any, on the shared risks and the agreed controls for the work
- ensure their employees, and sub-contractors, comply with any agreed controls
- appoint a suitable, competent person to liaise with the University
- report all accidents and incidents to the University where these have involved or affected University staff, students or others, or University arrangements, property or facilities.
Revised February 2018