Learning outcome: On completion the learner will know the types of and the requirements relating to sub-contractors.
Contents
10.1.1 Legal Requirements
10.1.2 Types of sub-contractor
10.1.3 Attendance
Book
Cook, B & Williams, P, (2009) construction planning, programming and control (3rd Ed), Wiley-Blackwell, Chichester, Chapter 6 & 18.
10.1.1 Legal Factors
Any sub-contractor must be willing to enter into a formal and binding form of sub contract under the same terms as the main contractor. As at common law for a contract to exist the following must apply:
Intention – all parties must have intended to enter a binding contract.
There is an offer and an acceptance - both parties must have accepted the agreement.
Consideration - There must be benefit to both parties - one party has a building build, the other receives money for building it.
Certainty – it must be definite
Capacity - Both parties must be able to enter into the contact - they must be over 18 and of sound mind.
Legal -The contract must be legal and be possible to fulfil.
In addition the sub-contractor must fulfil their responsibilities under a number of pieces of legislation. These include:
The Health and Safety At Work Act 1974
This is the primary legislation covering all health and safety in the UK with particular reference to the legal duties of employers, the self-employed and to a lesser extent, employees.
Sub-contractors and their employees have the following responsibilities:
To carry out their works in such a way to ensure, so far as is reasonably practicable, that they and other persons are not exposed to health and safety risks.
To provide information to all persons on site, not just their employees, about the aspects of their work that might affect their health and safety.
To exercise reasonable care for the health and safety of themselves or others who may be affected by their acts or omissions at work
To co-operate with the main contractor, as far as may be necessary, to enable them (the main contractor) to carry out their legal duties in health and safety matters.
The main contractor must check that the sub-contractor adheres to these duties as they (main contractor) are ultimately responsible and liability will rest with them.
The Construction Design and Management (CDM) Regulations 2007
The CDM Regulations place duties on all those who can contribute to the health and safety of a construction project. The Regulations place duties upon clients, designers, contractors and CDM Co-ordinators, and require the production of certain documents - the health and safety plan and the health and safety file.
Sub-contractors and their employees have the following responsibilities:
Plan, manage and monitor own work and that of workers
Check competence of all their appointees and workers
Train own employees
Provide information to their workers
Comply with the specific requirements in Part 4 of the Regulations
Ensure there are adequate welfare facilities for their workers
Check client is aware of duties and a CDM co-ordinator has been appointed and HSE notified before starting work
Co-operate with principal contractor in planning and managing work, including reasonable directions and site rules
Provide details to the principal contractor of any contractor whom he engages in connection with carrying out the work
Provide any information needed for the health and safety file
Inform principal contractor of problems with the plan
Inform principal contractor of reportable accidents, diseases and dangerous occurrences
The main contractor must provide adequate supervision and management to ensure all these duties are adhered to by the sub-contractor as he is liable as the principle contractor.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 RIDDOR
Employers, the self-employed and those in control of premises are required by law to report specified workplace incidents, such as work-related deaths, major injuries, 3-day injuries (those causing more than three day’s inability to carry out normal duties), work related diseases, and dangerous occurrences (near miss accidents).
It is a legal requirement to report incidents and ill health at work and the information gathered enables the Health & Safety Executive to gather the information about how and why risks arise and to investigate serious incidents.
Sub-contractors and their employees have the following responsibilities:
To report any work related deaths, injuries, cases of disease, or near misses to the main contractor
Ensure the main contractor reports it to the Health and safety executive
Control of Substances Hazardous to Health Regulations (COSHH).
COSHH requires employers and the self-employed to control exposure to hazardous substances in order to prevent harm to or ill health of employees and non-employees alike.
Sub-contractors and their employees have the following responsibilities:
Assess the risks;
Decide what cautionary measures are needed and put them into action;
Control exposure by measures that are proportionate to the health risk;
Ensure that measures are used and maintained. Cary out checks where necessary;
Monitor the exposure - where adequate control of exposure cannot be achieved provide for suitable personal protective equipment;
Check and review regularly whether all elements of control measures are effective;
Inform and train all employees on the hazards and risks from the substances with which they work and the use of control measures developed to minimise the risks. Prepare procedures to deal with accidents;
Ensure all workers are trained and supervised appropriately.
All the above are carried out in conjunction with the main contractor as he is also responsible for the above duties and for providing any specialist needs, such as storage, so that the sub-contractor is able to comply with these responsibilities.
The Control of Noise at Work Regulations 2005
The Control of Noise at Work Regulations 2005 place a duty on employer's within Great Britain to reduce the risk to their employees’ and the general publics’ health by controlling the noise they are exposed to whilst at work.
Sub-contractors and their employees have the following responsibilities:
Assess the risks to your employees and public from noise at work
Take action to reduce the noise exposure that produces those risks
Provide your employees with hearing protection if you cannot reduce the noise exposure enough by using other methods
Make sure the legal limits on noise exposure are not exceeded
Provide your employees with information, instruction and training
Carry out health surveillance where there is a risk to health.
These duties also apply to the main contractor but also they must ensure they pay particular attention to noise levels on site.
Task 10.1.1 Contracts
Describe the legal requirements of the contract and relate them to the appointment of a sub-contractor.
Word Guide - 200 - 300
See ‘Submitting Tasks’ below
10.1.2 Types of sub-contractor
Not all the work on a contract will be carried out by the main contractor. These days it is common to sub-contract various aspects of the job to other companies although the main contractor retains overall control and in most case responsibility. The most common reason for sub-contracting is due the main contractor not having the required skills within its own work force, although more and more theses day reduce the amount of directly employed labour due to financial reasons.
There are four types of subcontractors:
Domestic Sub-contractor
A Domestic Sub-contractor is selected and engaged directly by the main contractor to carry out a particular trade, this will mainly include standard trades such as bricklayers, roofers, ground workers, plumbers, electrical and plasterers. They may be labour only or supply and fix. In all cases they must be approved by the architect under JCT 2005 Standard Building Contracts. The architect has the full authority to reject any subcontractor requested by the contractor. The contract does not recognise the main contractors own subcontractors, any work carried out by these is taken as if it were carried out by the main contractor.
Nominated Sub-contractor
A Nominated subcontractor is chosen by the architect, client or engineer to carry out certain aspects of the work. They are appointed on the expenditure of a provisional sum or prime cost sum included in the contract bills. The nominated subcontractor enters into a contract with the main contractor but there may be a collateral warranty between the nominated subcontractor and the client. The main contractor has no responsibility to carry our work that is intended to be carried out by a nominated subcontractor. Nomination is not possible under the JCT 2005 Standard Building Contracts or the Engineering and Construction Contract. The main contractor is required to provide the general attendances for the subcontractor; any special attendances are the subcontractors’ responsibility. The main contractor will provide a profit margin for such attendance.
Named Sub-contractor
A named sub-contractor will often be chosen from a list of subcontractors provided by the architect. Under the JCT 05 standard or intermediate building contracts, the architect may provide the contractor with a list of at least three subcontractors to choose from for carrying out particular parts. The main contractor may, with approval from the architect, add subcontractors to the list. Although the subcontractor is named, they are a domestic subcontractor under the contract.
Labour only Sub-contractor
Labour only Sub-contractor includes self-employed individuals, agencies and small firms. It is useful in that it enables the contractor to take on temporary workers as and when required. This will reduce the overheads in that they are only paid when working and there is not national insurance contribution. It is essential to take care in selecting as there can be problems with regard to quality of work and safety awareness.
Task 10.1.2 Sub-contractors
Describe the differences between the obligations attached to the main contractor in respect of the following and describe when each would be used:
Domestic
Nominated
Named
Labour only
Word Guide - 300 - 400
See ‘Submitting Tasks’ below
10.1.3 Attendance
When a sub-contractor is used it falls to the main contractor to provide the sub-contractor with certain facilities and assistance, this is known as Attendance. This can fall into general attendances such as:
Power and Water
Welfare facilities
Toilets
Site parking
Secure plant and material storage
In addition specific types of attendance may be required so these will need to be identified.
Attendance can fall into the following categories:
General attendance
Plant
Scaffolding
Welfare
Toilets
Water
Access/Egress
PPE
Power
Hoists
Special attendance
Storage
Hard Standings
Task Lighting
Sub-Contractors must provide their own specialist equipment which is not generally on site and this should be agreed before commencement.
Sub-Contractors materials are the responsibility of Sub-Contractors although the Main Contractor may unload and distribute it. Any requirements with regard storage must be agreed from the onset, as must the provision of any steps, trestles and towers below 3.3M
Task 10.1.3 Attendance
Explain the responsibility of the contractor and sub-contractor for special attendance/general attendance.
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