Construction procurement – Priority purchase

Construction procurement – Priority purchase
Kayode Valentine Fowode considers the legal issues involved in procurement, discussing how to mitigate any health and safety risks that may arise, and how practitioners should communicate these risks, both internally and to their contractors.

The way in which the Government does business is about to change radically. In an announcement in November last year, Minister for the Cabinet Office Francis Maude affirmed that it wants to make it easier for British-based and smaller firms to win government contracts.

Measures highlighted by the Cabinet Office as ways to achieve its objectives include:

• building long-term strategic relationships with suppliers;
• eliminating unnecessary pre-qualification form-filling and cutting red tape;
• ensuring that future major procurements only take place after speaking informally to potential suppliers; and
• banning the use of consultants in central-government procurements without express agreement. 

While such changes are welcome, it is nonetheless concerning that there is no mention of any expectation, or standard requirements – neither in respect of the Government nor its suppliers – to ensure effective management of procurement health and safety risk. Rather, as stated by Mr Maude, the emphasis is on cost: “The only question we will consider when choosing suppliers is who will give us the best cost-effective service.”

Clearly, a cost-effective service should be encouraged; however, this should not be to the detriment of effective management of procurement health and safety risks, which should also be given high priority. So, with the the Government’s plans on public-sector procurement laid bare, the opportunity has presented for practitioners to remind both the public and private sectors about procurement health and safety risks.

Mitigating risks – contractor requirements

Client companies (i.e. those that procure goods and services) should ensure that health and safety requirements are clearly identified and set out in specification documents. They should also try to ensure that:

• they specify products and services that reduce health and safety risks to the lowest level, and that, as a minimum, goods and services purchased meet legal requirements (for example, when procuring plant and equipment, note should be taken of s2(2)(a) of the HSWA regarding the provision and maintenance of safe plant); 
• their business partners comply with all the relevant legislation by incorporating these as a requirement within all their contracts;
• they take into account, within their tender evaluation and contracting processes, a potential contractor’s approach to health and safety within its employment practices and service delivery, which ideally should be monitored and managed during the life of each contract;
• they seek confirmation that the selected contractor understands the health and safety requirements expected of it and has the capability to meet them;
• they deliberate on the possibilities of engaging only contractors accredited by a member of the Safety Schemes in Procurement (SSIP) programme, or similar.

Contractors should also demonstrate to the client that they have in place an effective OHS management system, and will comply with any contract-specific OHS requirements.

Mitigating risks – work equipment

Organisations should also ensure they have a standard policy and procedures in place for purchasing safe equipment, plant and machinery, and chemicals, so that any such items bought for use in the workplace are safe and can be used safely by employees.

In order to comply with requirements under PUWER 1998, it is essential that organisations purchasing equipment check that it complies with all relevant supply laws. A good starting point to achieve compliance is to examine whether the equipment is CE-marked; free from any obvious defect; and is supplied with a Declaration of Conformity and English-language user instructions. Where this is not the case, such equipment should be disregarded and termed not fit for purpose.
In addition, it is good practice for those responsible for procurement (whether an individual, or a department) to seek the assistance of experienced personnel who have previous knowledge of using similar equipment, and who can check if it is actually safe for use.

A checklist can also be used to guide the organisation in identifying those critical factors that can easily be overlooked when purchasing equipment. The checklist should be designed to capture manufacturers’ responsibilities as expected under the Supply of Machinery (Safety) Regulation 2008.

The HSE document, ‘Buying new machinery’,¹ highlights what manufacturers have to do to ensure any equipment supplied is safe for use. This can also be used in producing guidelines on acceptance procedures and the checks to be made by the appointed employee responsible for purchasing equipment.

It goes without saying that the procurement department should aim to discuss its requirements directly with manufacturers or suppliers, wherever possible. The supplier or manufacturer should be informed of the intended use of the equipment, the environment in which it would be used, and the competence level of the user – e.g. will it be used by skilled employees, or trainees? This will enable the manufacturer to provide the procurement department with the most suitable options.

The procurement department should also ask probing questions of the manufacturers, such as: what risks to health and safety might result from the use of the equipment? Or, how well does the equipment control the health and safety risks compared with similar devices from other manufacturers?

Under reg.10 of PUWER, employers have a duty to ensure that work equipment has been designed and constructed in compliance with any essential safety requirements. So, it is beneficial to discuss your safety expectations with the suppliers at the early stage of procurement and cooperate with them by giving sufficient information that would assist them in their design. 

Ultimately, it can be expected that the purchase of well-designed ergonomic work equipment will help promote occupational well-being, reduce errors and accidents, and boost productivity.


Communicating responsibilities

In many larger organisations, buying decisions may be handled by a dedicated procurement department, which would, in most cases, rely on safety practitioners’ advice on how the health and safety competence of contractors should be assessed, in order to arrive at a reasonable judgement. However, ensuring that those making the buying decisions are sufficiently informed of the health and safety issues involved is not always easy, especially in very large organisations, or organisations spread over a wide geographical area, or with lots of subsidiaries and/or sister companies.

A simple but effective means of communicating procurement risks internally and clarifying individual or departmental responsibilities in any procurement process is to hold a workshop. This provides the opportunity to identify departmental responsibilities at the concept phase, design phase, tender phase and construction phase of any project.

For instance, in a CDM project, IT, estates and assets-management departments might have responsibilities at the concept stage to provide information for the pre-construction health and safety information pack and tender documents. They would also ensure that every individual involved in the design of the structure and every contractor who has been, or is likely to be, appointed is promptly provided with relevant information – e.g. any as-built drawings, or asbestos surveys. At the design stage, designs need to be verified to ensure that the structure can be built safely by the principal contractor and any specialist contractor.

At the tender stage, the commercial department would usually be responsible for ensuring that the pre-construction health and safety information pack is included as part of the overall tender documentation. This department would also ensure that the tender documents inform the contractor of any arrangements for providing welfare facilities for the workforce, and ensure that contractors on the tender list have sufficient and suitable competences and resources appropriate for the project.

Finally, at the construction phase, the IT, estate and assets-management departments would, again, assume the responsibilities to ensure that the principal contractor has adequate time to develop a construction-phase health and safety plan prior to work commencing and, on completion, receive a health and safety file from the CDM-coordinator, as well as access passes for maintenance and construction workers. The involvement of different departments may, of course, vary according to the business, depending on its organisational structure, the complexity of work, and the procurement route.

Health and safety practitioners should also communicate procurement responsibilities to contractors as soon as they are appointed and during the construction phase of a project, via pre-start meetings and scheme-specific induction. The pre-start meeting, which is essential in order to ensure that the contractor can continuously demonstrate a coordinated approach to the work they have been appointed to carry out, should be used to agree upon the following: the methodology of carrying out the work; the level of training and supervision required; the analysis of risks associated with the work; and any compliance issues.

It is also good practice to maintain liaison with all parties on site to ensure ongoing communication and cooperation, and to give feedback on contractors’ performance. Throughout a project, the health and safety risks that may surface as a result of their work should be communicated to all contractors promptly. Examples of effective methods of communication are:

• develop and distribute site memos to the relevant parties, informing them of any interference to their works;
• issue COSHH data sheets and assessments to the relevant parties to inform them of what materials your organisation uses and the hazards posed;
• notify all concerned parties about any isolation of, or disruption to, working areas or facilities once the contractor has been appointed; and
• schedule meetings with all parties to discuss any issues that might hinder health and safety.

Conclusion

Although not always at the forefront of business decisions, it is essential to consider the impact that procurement activity has on health and safety, and put measures in place to reduce its risk. It is also vital that the risks associated with the work carried out by contractors are well understood, and that close communication and cooperation are maintained between all parties throughout the procurement process.

Lastly, each procurement activity should be treated proportionately to the health and safety risks that arise from the contract on a case-by-case basis. Organisations’ procurement departments and any individuals responsible for buying decisions should also ensure that potential risks are fully assessed and that contractors provide evidence to demonstrate that their organisation actively promotes and manages health and safety.    

Reference

1     HSE (2011): INDG271 (rev 1) Buying new machinery: A short guide to law and your responsibilities when buying new machinery for use at work – www.hse.gov.uk/pubns/indg271.pdf

Kayode Valentine Fowode previously worked as a Consultant (HSE/CDM coordinator) at Turner & Townsend Project Management Limited.

Published By SHP Online : http://www.shponline.co.uk/construction-procurement-priority-purchase/

Posted March 14, 2012           

 

Accident waiting to happen- What the Government, Organisations and Road Users must know to promote safety on Nigerian roads

In the past few weeks, Lagosians have witnessed multiple heavy vehicle accidents on Lagos roads. While majority of the incidents often result in multiple fatality and injuries, only few of the accidents resulted into vehicle damage and minor injuries to road users. In most cases, road users and other vehicle operators who are unlucky to be hit by heavy vehicles do not survive.

I remember vividly the incident on Wednesday, October 7, 2015 where a trailer carrying container collided with a fuel tanker along Apapa-Oshodi Express Way. Unfortunately, I had noticed on the same road and week, two incidents involving a trailer carrying a container tilting over. Thus, causing heavy traffic and loss of man-hours as many workers on their way to work were held up in the traffic. In developed countries, the effect is calculated in financial terms, hence, the projected revenue lost by the government and private sectors is estimated in millions of dollars. Surprisingly, we are yet to realise that incident like this does not only put road users at risks and create discomforts but also a channel for state and federal government revenue losses. When roads are in bad state and poorly maintained and vehicles are put on roads together with inexperienced drivers or drivers with bad behaviour they combine to create a situation of multiple failures that put road users at risks and impose costs on employers, individuals, the government and the society.

Imposed costs on employers can be in form of sick pay from stress arising from sitting long hours in heavy traffics, hours lost due to lateness to work, replacement labour and compensation paid when a staff is involved in road accident etc. Also, it is not only the employer that suffers when there is an accident as there is also costs imposed on individuals which might be in form of suffering, pain and grief resulting from injury. Persons who suffers injury from heavy vehicle accident are taken to hospitals for treatment and this in turn impacts on government’s health care expenditure. In summary, the estimated costs of heavy vehicle road accident to Nigeria includes impose costs on employers (e.g. sick pay, man-hour lost due to lateness to work), on individuals (e.g. the human costs of pain, grief and suffering) and on the Government (e.g. health care expenditure).

The costs incurred cannot be compared to the long term pain and suffering a family suffers from loss of a family member. This is why it is important that this problem is addressed immediately and measures put in place to reduce the impacts of heavy vehicles on our roads.  The State and Federal government must work together in finding a lasting solution in ensuring our roads are motorable and not a source of danger to vehicles and other road users. They must ensure heavy vehicles plying our roads are in good state of repairs and maintenance. Also, stringent penalties must be given to drivers who wilfully breach traffic laws and exhibit unsafe behaviours etc. Some of the other ways in which heavy vehicle accidents on our roads can be reduced have been identified in subsequent paragraphs.

Restricting the movement of heavy vehicles on specific roads must be enforced if we must reduce heavy vehicle accidents on our roads. Public roads must be designed and constructed to be able to carry heavy vehicles of standard maximum mass (weight) unless a special restriction or weight limit applies to those roads. Unfortunately, some of these roads have not been constructed to carry the varying excessive loads imposed on them, hence are overloaded by heavy vehicles especially trailers that are used in moving containers from one location to another and carrying loads beyond their maximum allowable mass limit. The Road Safety Enforcing Authority (RSEA) should ensure that the maximum dimension limits for these vehicles are enforced and are checked for a certificate of fitness to ascertain their suitability in plying the road. The RSEA should undertake driver and vehicle inspections at suitable locations where they employ mobile weighing equipment in checking whether the allowable loading limit has been exceeded. Furthermore, RSEA should be given the power to further restrict the size and weight of vehicles which can use particular roads if those roads are unsuitable for vehicles of such weight and size.

 Also, consideration should be given for heavy vehicle safety. For guaranteeing a greater degree of safety when heavy duty vehicles operates on Nigeria roads, the roads and facilities they run on must be designed to take account of these vehicles peculiar operating characteristics. For examples, many heavy vehicles have lower performance capability than cars in braking, acceleration, stability, dynamic handling and manoeuvrability. Hence, they need additional road space to fit safely on a road, particularly to negotiate curves. They are also more sensitive to road design features such as road curvature, camber and crossfall due to the high centre of gravity of the loads they often carry. This makes them more prone to turnover than cars when in contact with a pothole during movements. Accidents involving heavy vehicles are likely to be fewer if heavy vehicle stops, inspection areas, pedestrian and cycle facilities, Road surface and pavement, roundabouts and heavy vehicle speed limits are included in the design and planning of roads and facilities which will be used by this type of vehicles.

Heavy vehicle rest and parking spots should be considered during the design and construction of the road. Drivers should have access to adequate off-road parking facilities along designated routes used so that they can stop their vehicles to take a break from driving and also to check the vehicle for possible mechanical problems and its load for possible movement or loose chains, ropes or straps. This off-road parking facilities should be clearly marked and indicated with advisory signs to inform the drivers of such location.

 Heavy vehicle inspection areas are also needed for the weighing and inspection of heavy vehicles by the RSEA. Such areas need to be large enough to get a heavy vehicle combination off the main road safely with good visibility for the vehicle entering and leaving the stop area. Vehicles must be informed to stop early enough to avoid sudden and /or late application of brake by the driver. Drivers should be carefully guided to the parking spot off the main road in order to prevent obstruction to other road users and collision with incoming vehicles.

Pedestrian and cycle facilities should also be given priority. Footpaths should be provided on designated heavy vehicle routes so pedestrians can walk or run clear of heavy vehicle movement. Also, in areas where pedestrian and vehicle traffic flow is required, then pedestrian crossing facilities should be provided. Furthermore, the road lane should be of sufficient width appropriate for heavy vehicles so that they are separated from opposing traffic on two-lane roads.  Where the road curves, the lane width should be wider to allow the extra road space needed by heavy vehicles when traversing the curve.

Furthermore, where a roundabout exits, the roadway should have adequate spacing to accommodate heavy vehicle to manoeuvre through the roundabout without colliding with or to run over edgelines, lane lines and hatched areas which are marked to guide the movements of smaller vehicles. In addition, the design and construction of road surfaces and pavements would also determine the level of accident. Skid resistance road surfaces increases braking and traction effectiveness especially on curve roads. This should be taken into consideration during road design and construction. Pavements and road base should be of adequate strength and durability for heavy traffic. Furthermore, roads must be adequately maintained to avoid deep holes, driver’s fatigue and vehicle overturning and collision.

Consequently, maximum speed limit for heavy vehicles on Nigeria roads must be specified and speed restriction imposed for particular roads. Thus, some bridges with limited structural strength should have lower heavy vehicle speed limits to protect the structural safety of the bridge.

Similarly, insufficient warnings signs and their wrong placement can also be a causal factor for heavy vehicle accidents. Trucks typically need considerably more distance to stop than cars. Hence, heavy vehicle drivers should be given sufficient warning in time to enable them slow considerably or stop. Therefore, the design, phasing and visibility of traffic signals and other warning signs should be such that it accommodates the braking and acceleration capabilities of heavy vehicles. This is particularly important in higher speed limit areas in advance of intersections where drivers may need to give way to other traffic, railway level crossings curves with low advisory speeds, one lane bridges or places with restricted size limits and traffic signals.

 Also, avoiding what the vehicle driver cannot see would also help in accident reduction. Most heavy vehicle drivers have a better view of the road ahead than car drivers due to their higher seating position. However, they often have significant blind spots due to parts of their vehicle or its load blocking their view. The blind spots are located infront, behind, from left side, through left side window and rear side view. These blind spots are particularly dangerous for pedestrians and cyclists who may be situated within the blind spot area when a driver intends to turn left or change lanes to his or her left.  Heavy vehicle drivers should therefore not reverse their vehicle without assistance in areas to which the general public has access. Truck stops, commercial premises and bus stations should be designed so that vehicles can enter and leave without having to reverse on the roadway. Similarly, bus turnaround areas should be designed so that the bus can turn without needing to reverse.

 It is also important that the road safety enforcing authority impounds any heavy vehicle without mirror systems to prevent unnecessary exposure of road users to danger. It should be made mandatory that any heavy vehicle be fitted be fitted with mirror systems that reduce their driver’s blind spots to the minimum.

 

More also, vehicle and load safety is vital in setting strategy for accident prevention. Most heavy vehicles are designed to carry goods, animals or people. Majority of the accidents are often caused by heavy vehicles carrying containers to different locations within the States or those used for lifting petroleum products. There has been series of containers falling off heavy vehicles due to poor loading techniques and poorly secured loads to trucks thereby causing serious injury and fatality.

In addressing these unsafe practices, all heavy vehicles should be required to have a Certificate of Loading which lists the maximum weight or passenger limits that the vehicle can safely carry or tow. Vehicles should be loaded or unloaded in an off-road area. If a vehicle is to be loaded or unloaded on a roadway or in an area open to the public, the driver and the person undertaking this work should ensure that other road users are not endangered or unduly delayed by this activity. Loading equipment which is carried on or fitted to a vehicle should only be operated by people who have been trained in the safe use of that equipment.

Loaders who need to work on a roadway should wear high visibility clothing and receive appropriate training in safety procedures. Generally goods vehicles should not be loaded or unloaded on roadways with high traffic flows. On main traffic routes, road safety authority should limit the loading or unloading of heavy vehicles to off-peak hours when traffic flows are lower so that this work can be carried out more safely and with less inconvenience to other road users.

In developed countries, the road controlling authorities have a Safety Management System (SMS) which are documented and shared with the general public. An SMS provides a framework where safety risks can be assessed in a consistent, documented way. Where a feature of a road network has been assessed as needing improvement to safely accommodate both heavy vehicles and other road users, the SMS will provide a method for setting priorities for improvement projects. This Guide document can provide a heavy vehicle operator with guidance on how to ensure safety on roads.

It is important that the Nigeria Road Safety Authority develop a road safety management system and guidance document which should be accessible to the general public. This would help create awareness and educate the heavy vehicle operators on how to make use of the roads safely.

Subsequently, a special route for heavy vehicles would help reduce accident on the road. The State and Federal Government can recommend that heavy vehicles use particular routes for safety and environmental reasons. The recommended routes can be for overdimension vehicles and loads, vehicles carrying containers, vehicles carrying livestock, vehicles carrying dangerous goods and heavy vehicles generally. Such routes must be clearly marked and designated as heavy vehicle routes.

 

Restrictions on use of roads by heavy motor vehicles might be essential as the impacts of heavy vehicle on the roads can be minimised by restricting their operating time to certain time of the day. For this to be effective, the State and Federal government must come up with a legislative provisions that can be used to limit the use of heavy vehicles on a road.

 

Enforcement of this rule would help reduce the incidents on the road since there would be fewer road users and thus, accident can be averted.

 

As regard driving licenses, people who wish to drive or operate a heavy vehicle on a road or in an area accessible to the public must hold a valid driver’s licence for the type and weight of that vehicle (including appropriate endorsements if required). Drivers without authorised licenses are a danger to themselves and to other road users. Stringent penalties must be given to unlicensed drivers.

Additionally, drugs and alcohol impedes judgement and creates a situation where drivers makes wrong decisions because they are not in their right senses. This must be discouraged and such class of people must not be allowed to drive freely on our roads.

The road safety authority should be provided with breathalysers or other approved means to check the level of alcohol or drug intake where a heavy vehicle driver has been suspected for taking alcohol and/ or drugs. Radom checks should be carried out at different stop points and adequate measures put in place to prevent such situation on our roads.

 

Engr. Kayode Fowode CMIOSH, RMaPS, M.CSSE, MNSE

Chartered Health and Safety Practitioner

Managing Director,

Kevron Consulting Limited

8, Olanrewaju Street, Off Kudirat Abiola Way, Oregun, Ikeja, Lagos, Nigeria

Tel: +234 13424578, +2347084152143, +2348182170991

Website: www.kevronconsultingltd.com

Email: k.fowode@kevronconsultingltd.com