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GUIDANCE NOTE Statutory Compliance in FM Procurement Published by the Institute of Workplace and Facilities Management (IWFM) October 2017

GUIDANCE NOTE Statutory Compliance in FM Procurement · 2019. 9. 10. · Statutory Compliance in FM Procurement 1. By contracting out or outsourcing, a client may mitigate risk but

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  • GUIDANCE NOTE

    Statutory Compliance in FM ProcurementPublished by the Institute of Workplace and Facilities Management (IWFM)October 2017

  • 2

    Guidance Note

    What is compliance?

    All of the below will be considered by the courts in addition to statutory obligations when dealing with cases of possible negligence and malpractice. A non-exhaustive list of key hard FM compliance requirements is contained in Annex A.

    In addition clients may have their own policies and procedures that they want staff and contractors to observe when working in their facilities.

    The purpose of this Guidance Note is to highlight some of the key points that shouldbe taken into consideration when managing your supply chain and/or workforce to ensure that your facilities remain statutorily compliant.

    Rules

    Regulations

    Requirements

    Transparency

    Standards

    Governance

    Law

    Policies

    COMPLIANCE

  • 1

    Statutory Compliance in FM Procurement

    With other industry guidance it is always as well to spell out which documents you want contractors to comply with just to be on the safe side, although as stated above, courts will often rely on accepted industry guidelines when it comes to deciding whether organisations have acted appropriately.

    If you want suppliers to comply with any of your organisations policies and procedures you will need to specify and provide copies of them with your Invitation to Tender (ITT) and include them in any contracts you enter into. A code of conduct can help support this and can outline your specific requirements for complying with health, safety and environmental procedures. You will also need to set up a procedure for updating your suppliers with any changes to your policies or codes of conduct, during the life of the contract.

    When engaging suppliers you do not need to specify legal compliance requirementsin contract documents, they go without saying, however it is best practice to reinforce certain legal obligations.

    How do I ensure compliance through procurement?

  • 2

    Guidance Note

    The focus however should not be about avoiding prosecution but implementing practical processes for keeping staff, the public and the buildings they occupy safe.

    Failure to deliver compliance can also result in service delivery failures, which whilst not as severe as legal failures can impact on the operation of your facilities, your core business and your profits.

    What can happen if compliance is not delivered?

    The price of failure for both suppliers and clients in delivering a safe and secureenvironment is high. In extreme cases where there is a life or death threatening injury, it can result in prosecution and imprisonment and corporate manslaughter cases which, whilst rare, do focus on the responsibilities of directors and senior officers of an organisation. For most organisations the penalties for non-compliance may vary from heavy fines, increased insurance cost and of course reputational damage.

  • 3

    Statutory Compliance in FM Procurement

    The way you intend all of these factors to work post-contract should be clearly spelt out in the ITT and any contract that you place.

    Data is important in proving compliance and as a client you should consider and specify what access you require to supplier’s data and management reporting systems so that you can remotely monitor performance.

    Organisations will need to show they have taken all reasonable steps to mitigate issues with third party service providers’; therefore conducting a rigorous due diligence process is of paramount importance. This should be carried out during the procurement stage as well as forming part of ongoing performance management.

    How do I ensure compliance is delivered?

    THE BEST WAYS TO ENSURE THAT YOUR SUPPLY CHAIN AND/OR WORKFORCE CONTINUE TO DELIVER COMPLIANCE ARE TO:

    • Request compliance statements from your supply chain in any regular reports you receive.

    • Include compliance on the agenda of regular meetings with suppliers

    • Have compliance included as a KPI in any performance monitoring regime instigated on service delivery contracts

  • 4

    Guidance Note

    How do I conduct audits?

    The audit regime you apply on a small single service contract may be less frequent,conducted jointly and more basic than on a significant single service contract or TFM contract where you might want to consider different types of audits, comprising:

    • Annual third party audits organised by the supplier to ensure continued compliance to quality, environmental, safety and health management system accreditations such as ISO 9001, ISO 14001 and OHSAS 18001

    • Regular internal audits, self-delivered and reported by the supplier

    • Occasional client audits, pre-arranged or otherwise• Ad hoc audits by regulatory bodies

    However you choose to set up your audit regime, make sure that the requirements are clearly spelt out in the ITT and contract and that the supplier has a duty to co-operate on delivering them.

  • 5

    Statutory Compliance in FM Procurement

    1. By contracting out or outsourcing, a client may mitigate risk but can never fully delegate (or abdicate) it. In law the client is the property owner/occupier and therefore retains overall responsibility. Outsourcing risks can be mitigated via:

    • Due diligence • Service delivery audits • KPIs • Reporting • Insurance

    2. Suppliers have a duty and professional responsibility to ensure that products and services are legally compliant and delivered using good industry practice

    3. Clarity of responsibilities is vital. Parties can avoid “black holes” by ensuring that compliance, service delivery, management, auditing, reporting and monitoring requirements are clearly set out in the ITT and contract. Set up a Contract Obligations Tracker to record what you expect to receive in terms of proof of compliance, and check off against it

    4. Be clear on what information you want the supplier to hold electronically and what records will be required to be held in hard copy on site. The sort of information you might want made available to you could include:

    • A workflow diary for periodic testing and certification, including closure after remedial

    action has been completed. This should include clear identification of what is considered to be statutory tasking • A register of contractors authorised to undertake periodic testing, certification, planned maintenance and remedial maintenance including up to date evidence of professional qualifications, membership of accrediting bodies and professional liability insurance

    • Details of appointments such as authorised person, competent person, duty holder etc. • An electronic repository/library for storing planned maintenance programmes, certificates and other evidence to demonstrate completion of tasking and compliance • A simple client dashboard that gives up to date status of workflow usually via a simple RED, AMBER, GREEN report

    5. Where data systems are being provided by the supplier, agreement will need to be made regarding read and/or write access to the system, and whether the client will receive periodic back-ups of information throughout the contract period. The specification should include requirements for demobilisation of the contract which should include plans for handover of compliance documents and information / transfer of data in an agreed format, and notification of any outstanding matters /work tasks which will require action.

    Key considerations

  • 6

    Guidance Notes

    Summary

    When first engaging with third parties to deliver a service it is best practice to specify exactly what scope and specification is required

    The focus of delivering a complaint service should be to ensure the safety and security of all personnel

    The best way to ensure a compliant service is through regular audits, review meetings and management reporting. The placing of the contract is not the end...... it is the beginning!

    In law the client is the property owner/occupier and therefore retains overall responsibility

    Good record keeping is critical to ensure compliance and the Client is the owner of any data pertinent to their compliance

  • 7

    Statutory Compliance in FM Procurement

  • 8

    Guidance Note

    Annex AExamples of hard FM compliance requirements

    The following is for guidance only. Regulations, Codes of Practice, Acts of Parliament and the like are constantly evolving so please check that you are using the most up to date references.

    Health and safety miscellaneous

    Requirement Guidance source Comment

    Employers Liability Insurance

    HSE poster

    Employers duties

    Permit to work

    Employers’ Liability (Compulsory Insurance) Regulations 1998 as amended

    Health and Safety Information for Employees Regulations (HSIER)

    Health and Safety at Work Act 1974 (HSWA 1974)

    Control of Substances Hazardous to Health (COSHH) Regs 2002

    Confined Space Regulations 1997

    Control of Asbestos at Work 2012

    Management of Health and Safety at Work Regulations

    HS G 250 Guidance on Permit to Work Systems.

    HS G 253 ‘The Safe Isolation of Plant and Equipment’.

    Is the employers’ liability insurance certificate reasonably accessible to employees?

    This can now be displayed in electronic format, rather than being pinned to a notice board.

    The Employers Liability (Compulsory Insurance) Regulations 1998 (as amended) are relevant to all employers in Great Britain holding employers’ liability compulsory insurance. Most employers are legally required to insure against liability for injury or disease to their employees arising out of their employment.

    Is the recommended 2009 HSE poster displayed in a prominent position at each workplace?

    Employers are required, by law, to either display the HSE-approved law poster or to provide each of their workers with the equivalent leaflet. If you choose to purchase the Health and safety law poster it must be displayed on all business premises.

    Are the other H&S duties being fulfilled?

    The HSWA Act applies to everyone at work, employers, ‘relevant’ self-employed people and employees. It also protects the general public who may be affected by work activities.

    Is there a documented “permit to work” system in operation?

    A permit to work system is a formal written system of work used to control certain types of work that are potentially hazardous.A permit to work is a document which specifies the work to be done and the precautions to be taken. Permit to work forms an essential part of a safe system of work for many maintenance activities. They allow work to start only after safe procedures have been defined and they provide a clear record that all foreseeable hazards have been considered. A permit is needed when maintenance work can only be carried out if normal safeguards are dropped or when new hazards are introduced by the work.

  • 9

    Statutory Compliance in FM Procurement

    Health and safety miscellaneous continued

    Requirement Guidance source Comment

    Risk assessments

    HSWA 1974The Management of Health and Safety at Work Regulations 1999

    Do risk assessments need to be carried out?

    Employers and other duty holders must establish the level of risk involved in their activities and consider the various precautions available in order to determine what is reasonably practicable i.e they must carry out a form of risk assessment.

    An increasing number of specific regulations contain requirements for risk assessments. Several of these regulations are of significance to a wide range of work activities and should be referenced. The most significant requiring risk assessment include:

    • Control of Substances Hazardous to Health Regulations 2002 (COSHH)

    • Control of Noise at Work Regulations 2005• Manual Handling Operations Regulations 1992• Health and Safety (Display Screen Equipment) Regulations

    1992• Personal Protective Equipment at Work Regulations 1992• Regulatory Reform (Fire Safety) Order 2005• Control of Asbestos Regulations 2012• Dangerous Substances and Explosive Atmospheres

    Regulations 2002• Work at Height Regulations 2005

    Additionally, there are some regulations requiring risk assessments with rather more specialist applications. These include:

    • Control of Lead at Work Regulations 2002• Supply of Machinery (Safety) Regulations 2008 Control of

    Major Accident Hazard Regulations 2015• Ionising Radiation Regulations 1999• Control of Vibration at Work Regulations 2005

  • 10

    Guidance Note

    Asbestos

    Requirement Guidance Source Comment

    Documentation

    Plans & risk assessments

    Appointments

    Training

    Control of Asbestos Regulations 2012

    Control of Asbestos Regulations 2012

    Control of Asbestos Regulations 2012

    Control of Asbestos Regulations 2012

    Is there an Asbestos Register available for our staff and subcontractors?

    If asbestos is present, an up to date record of the location and condition of asbestos containing material (ACMs) or presumed ACMs in the premises must be made. This is commonly referred to as the Asbestos Register. The compilation of an Asbestos Register is only one part of the duty to manage asbestos. There must also be a documented plan to manage health risks posed by the presence of ACMs. This should include written procedures for planned maintenance work and procedures for emergency work. Procedures will include the requirements for calling in licensed contractors to remove ACMs under controlled conditions before maintenance work proceeds. All employees should be familiar with their duties in implementing the Asbestos Management Plan. The plan, including its procedures and arrangements should be regularly reviewed to ensure their effectiveness.

    Are management plans and risk assessments in place, and are they being reviewed regularly?

    It is the duty holder’s responsibility to make a suitable and sufficient risk assessment as to whether asbestos is, or is liable to be present in the premises. This assessment must be made available and used to inform decision making, advise incoming occupiers, maintenance workers and any other personnel who may be exposed. Commissioning others to carry out such works is acceptable practice, so long as those employed are competent and allocated sufficient resources to carry out the work properly.

    Has a “duty holder” been appointed in writing and has he/she received appropriate training?

    Those with a primary responsibility for a building such as the owner, sole occupier or part occupier, have duties under the Control of Asbestos Regulations. Those with responsibility for the maintenance of premises by virtue of a contract or tenancy also have a legal duty to manage the risks from asbestos and comply with legislation. If no such formal agreement exists, the owner, sub-lessor or managing agent in charge of a workplace, or any employer or self-employed persons who occupies commercial premises in which people work, will be subject to the same duty.

    Have all people that might be exposed to asbestos been trained?

    Maintenance and building staff must know the rules about ACMs and how to work safely on or adjacent to them. Everyone, including appointed contractors, know their roles and responsibilities for the management of ACMs on their premises. A responsible person has been appointed and has resources to oversee the management of asbestos. This should include access to competent advice from a qualified safety practitioner or hygienist with the necessary experience and qualifications for identifying and assessing asbestos

  • 11

    Statutory Compliance in FM Procurement

    Confined spaces

    Requirement Guidance Source Comment

    Documentation

    Plans & risk assessments

    Training

    Confined Spaces Regulations 1997

    ACOP L101

    Confined Spaces Regulations 1997

    ACOP L101

    Confined Spaces Regulations 1997

    ACOP L101

    Are there any confined spaces? If so is there a Confined Space Register?

    A confined space means any place, including any chamber, tank, vat, silo, pit trench, pipe, sewer, flue, well or other similar space in which by virtue of its enclosed nature, there arises a reasonably foreseeable specified risk:

    • Serious injury to any person at work arising from a fire or explosion.

    • The loss of consciousness of any person at work arising from an increase in body temperature.

    • The loss of consciousness or asphyxiation of any person at work arising from gas, fume, vapor or the lack of oxygen.

    • The drowning of any person at work arising from an increase in the level of liquids.

    • The asphyxiation of any person at work arising from a free flowing solid or the inability to reach a respirable environment due to entrapment by a free flowing solid.

    Have risk assessments been undertaken and a Safe System of Work written for entry to confined spaces?

    The regulations place specific emphasis on a preference to avoid the risk entirely and state – ‘No person at work shall enter a confined space to carry out work for any purpose unless it is not reasonably practicable to achieve that purpose without such entry’. There are many ways in which entry into confined spaces can be avoided. These should be identified as part of the risk assessment which should determine what is reasonably practicable. Where it is not reasonably practicable to prevent entry, personnel must work in accordance with a system of work which in relation to any relevant specified risks, renders the work safe and without risks to health. This safe system of work will be developed as a result of carrying out a risk assessment by a competent person and must be documented. The ACOP recommends the use of a permit to work procedure as an extension to the provision of a safe system of work.

    Have individuals and supervisors been trained in the risks of working in confined spaces?

    Competence for work in confined spaces will be acquired through a combination of adequate training and relevant experience. Consideration should also be given to the workers physical and psychological suitability for work in confined space. Additionally, where personnel are required to issue and cancel permits to work for confined spaces they will need further training, including an appreciation of the purposes of a permit to work.

  • 12

    Guidance Note

    Boilers and pressure vessels

    Requirement Guidance source Comment

    Documentation

    Inspection

    Appointments

    Follow-up Actions

    Pressure Systems Safety

    Regulations 2000 and ACOP L122

    Pressure Systems Safety

    Regulations 2000 and ACOP L122

    Pressure Systems Safety

    Regulations 2000 and ACOP L122

    Pressure Systems Safety

    Regulations 2000 and ACOP L122

    Is there a current written Scheme of Examination for all known Boilers and Pressure Systems, and has it been approved by a “Competent Person”?

    Are Boilers and Pressure Systems inspected at the frequency stated in the Scheme of Examination by a Competent Person?

    Is there evidence that the Competent Person has the necessary knowledge, experience and independence to undertake the functions required of them?

    Have the recommendations from Written scheme been addressed – with specific action and responsibility?

    Lifting equipment

    Requirement Guidance source Comment

    Identification

    Inspection

    Inspection

    Inspection

    Documentation

    Appointments

    Escalators

    LOLER 1998

    LOLER 1998

    LOLER 1998

    LOLER 1998

    LOLER 1998

    LOLER 1998

    LOLER/PUWER Regulations 1998

    Have all the assets covered by LOLER been identified and included in a register?

    They include cranes, fork-lift trucks, lifts, hoists, mobile elevating work platforms, lifting accessories such as chains, slings, eyebolts etc. LOLER does not apply to escalators

    Are passenger lifts, goods lifts and mobile elevating work platforms (MEWP’s) inspected at least 6-monthly by a Competent Person?

    Is all other lifting equipment examined at least 12-monthly by a Competent Person?

    Are the recommendations from the inspections addressed – with specific action and responsibility?

    Is there a written Scheme of Examination for all lifting equipment?

    Is there evidence that the Competent Person has the necessary knowledge, experience and independence to undertake the functions required of them?

    Are escalator service inspections carried out monthly?

  • 13

    Statutory Compliance in FM Procurement

    Fire safety

    Requirement Guidance source Comment

    Plans & risk assessments

    Plans & risk assessments

    Plans & risk assessments

    Equipment

    Equipment

    Fire alarm testing

    Fire alarm system

    Fire smoke vents

    Fire smoke extracts

    Fire shutters

    Fire curtains

    Appointments

    The Regulatory Reform (Fire Safety) Order 2005

    The Regulatory Reform (Fire Safety) Order 2005

    The Regulatory Reform (Fire Safety) Order 2005

    The Regulatory Reform (Fire Safety) Order 2005

    The Regulatory Reform (Fire Safety) Order 2005

    BS5839

    The Regulatory Reform (Fire Safety) Order 2005 & BS5839

    BS5720/BS5588

    BS5720/BS5588

    BS476/BS5588

    BS7436/BS5588

    The Regulatory Reform (Fire Safety) Order 2005

    Have Fire Risk Assessments been undertaken and are they reviewed when changes occur?

    Are the recommendations from the RA’s addressed – with specific action and responsibility?

    Has a Fire Emergency and Escape Plan been produced and is it reviewed whenever changes occur?

    Is there a working fire detection and warning system?

    Is there a sufficient number of suitable firefighting appliances (rule of thumb is one extinguisher for every 200 sq.m. of floor space)?

    Are the weekly fire alarm tests being carried out and documented? Are all call points identified and tested? Are all faults rectified within 1 month?

    Has the system been inspected by a Competent Person?

    Has the system been maintained in the last 6 months by a Competent Person?

    Has the system been maintained and service records issued in the last year?

    Has the system been maintained and records updated in the last 6 months?

    Has the system been tested and records updated in the last 6 months?

    Has a Responsible Person been appointed and have they received suitable training?

  • 14

    Guidance Note

    Fire Safety continued

    Requirement Guidance source Comment

    Functional test of fire systems

    Fire extinguishers

    Sprinkler system testing

    Sprinkler system servicing

    Emergency lighting (monthly)

    Emergency lighting (yearly)

    Fire evacuation exercise

    Fire log book

    Dry/wet risers

    Escape route pressure test (pressurisation fans)

    Fire dampers

    Hose reel

    BS7436/BS5588

    BS5306

    BS5306/LPC Rules

    BS5306/LPC Rules

    Electricity at Work Regulations 1989 & BS5266

    Electricity at Work Regulations 1989 & BS5266

    BS5588

    BS5306

    BS5588

    BS476/BS5588

    BS5306

    Has the system cause and effect been tested to confirm operational function of smoke curtains, vents, shutters, dampers, extract, lifts escalators, pressurisation fans etc?

    Have all the fire extinguishers been tested in the last 12 months?

    Has the weekly sprinkler test been carried out and recorded on insurance company pro-forma?

    Has the system been maintained and service records updated in the last 6 months?

    Has the system been tested in the last Month?

    Has the system been tested in the last year- three hour capacity test and certificate issued in accordance with NICEIC model certificate?

    Has there been a fire evacuation exercise carried out in the last 6 months?

    Is the logbook up to date, and all remedial works being actioned?

    Has the system been maintained in the last 6 months?

    Has the system been tested in the last year?

    Have these been inspected and tested in the last year? Are these fully functional? Have they been identified on a location register?

    Has the system been maintained in the last 6 months?

  • 15

    Statutory Compliance in FM Procurement

    Electricity

    Requirement Guidance source Comment

    Documentation

    Inspection of fixed electrical installations

    Fixed electrical testing and certification

    Fixed electrical testing to mobile accommodation

    Appointments

    Portable appliance testing (pat) inc microwaves

    High voltage

    Generators

    Uninterruptable power supply (ups)

    Electricity at Work Regulations 1989 and BS7671

    Electricity at Work Regulations 1989 and BS7671

    Electricity at Work Regulations 1989 and BS7671

    Electricity at Work Regulations 1989 and BS7671

    BS 7671

    PUWER 1998 & BS 7671

    Electricity at Work Regulations

    Is there a schematic layout of electrical supply route and primary distribution, and is it amended when changes occur?

    Are routine checks undertaken at the recommended frequency?

    Is there an extant Electrical Safety Certificate? Note this is only valid if C1 and C2 recommendations have been completed, and signed off. For recommended frequency of re-test see Health and Safety Executive (HSE) guidelines.

    Are all distribution boards tested in mobile accommodation?

    Is the contractor undertaking electrical testing NICEIC accredited or equivalent?

    Is PAT undertaken at the recommended frequency?

    Original HV Commissioning Certificate; HV maintenance records including where appropriate HV system and oil tests results. Competency records and authorisation for HV (AP HV) should be retained. Safe systems of work encompassing switching schedules should also be kept.

    Are generators run off load each month? Has 6 monthly service been carried out by specialist contractor?

    Has 6 monthly service been carried out?

  • 16

    Guidance Note

    Water hygiene and Legionella prevention

    Requirement Guidance source Comment

    Appointments

    Plans & risk assessments

    Plans & risk assessments

    Documentation

    Documentation

    Training

    Cooling towers – dosing regime

    Cooling towers– Water quality checks

    Cooling towers – dip slide tests

    Cooling towers – disinfection

    Cooling towers– Tvc legionella sampling

    The control of legionella bacteria in water systems. Approved Code of Practice and guidance 2013 4th Edition

    The control of legionella bacteria in water systems. Approved Code of Practice and guidance 2013 4th Edition

    ACOP L8

    The control of legionella bacteria in water systems. L8 Approved Code of Practice and guidance 2013 4th Edition

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    This book is aimed at duty-holders, including employers, those in control of premises and those with health and safety responsibilities for others, to help them comply with their legal duties in relation to legionella. These include identifying and assessing sources of risk, preparing a scheme to prevent or control risk, implementing, managing and monitoring precautions, keeping records of precautions and appointing a manager to be responsible for others.

    This fourth edition of the ACOP and guidance on regulations contains revisions to simplify and clarify the text. The main changes are removing Part 2, the technical guidance, which is published separately in HSG274, and giving the following issues ACOP status:

    Have Water Risk Assessments been undertaken, do they conform to BS8580 and are they reviewed when changes are made to the system?

    L8 was revised and states that it is important to regularly review the assessment in case of any changes to the system, and specifically if there is reason to suspect it is no longer valid. You should also review management and communication procedures to ensure they are appropriate.

    Have the recommendations from water risk assessment been addressed – with specific action and responsibility?

    Is there a written “Scheme of Control” and are there plans of the primary layout and isolation points?

    Is a water log book maintained with all responsibilities defined for cleaning regime along with all water quality documentation?

    Have the Duty Holder and Responsible Person received appropriate training?

    Are bromine/chlorine levels checked and recorded and within ppm control parameters?

    Are water quality chemical checks maintained for ph, etc?

    Are bacterial colony counts below action threshold 103 - If not has escalation process been followed?

    Does the site have a current test certificate (last 6 months)? This is only valid if all areas have been inspected and faults rectified.

    Have quarterly samples been taken – Is legionella bacteria evident in water samples greater than 100cfu.ml?

  • 17

    Statutory Compliance in FM Procurement

    Water hygiene and Legionella prevention continued

    Requirement Guidance source Comment

    Cooling towers– notification/ change of operation /confirmation

    Water features – dosing checks

    Water features – water quality

    Water features – tvc legionella

    Water features– drain down disinfection

    Domestic water– temperature checks

    Domestic water– tank tvc legionella

    Domestic water – tank showers

    Domestic water– storage calorifiers

    Domestic water – disinfection

    Water sampling – flushing

    The Notification of Cooling Towers and Evaporative Condensers Regulations

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    ACOP L8 2013

    Are all Cooling Towers under our control registered with the Local Authority? Notification must be made when in or out of service.

    Building owners, or their head tenants should ensure that any cooling towers are notified to the local authorities once in place. This should be done in writing. Notification should be acknowledged in writing by the local authorities and a record of all correspondence retained on file.

    Are bromine/chlorine levels checked and recorded and within ppm control parameters?

    Are water chemical quality checks maintained for ph, etc?

    Has legionella bacteria been evident in water samples greater than 100cfu.ml?

    Does the site have a current test certificate (last 12 months)? This is only valid if all areas have been inspected and faults rectified.

    Are tap temperatures within normal boundaries (Cold Water < 20degC, hot water >50 deg C)?

    Are water tanks inspected for corrosion and sediment build up?

    Have shower heads been dismantled and cleaned and descaled quarterly?

    Are water calorifiers inspected 12 monthly for corrosion and sediment build up?

    Does the site have a current test certificate (last 12 months)? This is only valid if all areas have been inspected and faults rectified.

    Have low use water systems been identified in log book and regular flushing regime put in place?

  • 18

    Guidance Note

    Gas safety

    Requirement Guidance source Comment

    Gas safety tests

    Gas safety tests

    Gas safe register

    The Gas Safety (Installation and Use) Regulations 1998 & ACOP L56

    The Gas Safety (Installation and Use) Regulations 1998 & ACOP L56

    The Gas Safety (Installation and Use) Regulations 1998 & ACOP L56

    Is there a Gas Safety certificate covering the last 12 months?

    This will include tightness testing of all gas distribution pipe work, boilers, gas boosters and gas fired equipment.

    Have the boilers been maintained in the last 12 months?

    Are all persons working on gas installations registered with a Gas Safe Certificate? Copy of Certificate should be provided.

    Man safe systems

    Requirement Guidance source Comment

    Anchor points (eyebolt) testing

    Cradles, trolleys gantry and runways

    Man safe or other roof protection

    Harness and lanyard

    Building risk assessment

    Fixed ladders

    Ladders

    BS EN 795, BS 7883

    LOLER/PUWER Regs 1998, BS 6037

    BS7883

    PUWER

    BS7883

    BS EN 131

    BS EN 131

    Has the system been inspected and tested in the last year or as recommended by a competent person? Is a full certificate of compliance without limitations in place?

    Have these systems been inspected and tested within the last six months and fully compliant without remedial works outstanding?

    Have these systems been inspected and tested within the last 12 months and fully compliant without remedial works outstanding?

    Is there a register of man safe systems? Have all these systems been inspected and tested within the last year or as recommended by a Competent Person?

    Has a building safety risk assessment been undertaken within last three years and are recommendations actioned within timescales?

    Are ladders clearly identified, secured and included on a site Ladder Register?

    Is there evidence of annual inspections and tagging, before use?

  • 19

    Statutory Compliance in FM Procurement

    Ventilation

    Requirement Guidance source Comment

    Kitchen extracts

    LEV system documentation

    LEV system appointment

    BS 6173

    BS5726 & COSHH Regs

    Has the system been checked and cleaned as necessary- in accordance with SFG 20? This is very specific to SFG 20, client may outline their frequency.

    Test and inspection – To comply with Regulation 7 of COSHH, LEV systems should be examined and tested at least every 14 months and a suitable record kept for at least 5 years from the date on which it was made. Do they exist?

    Is there evidence that the Competent Person has carried out the inspections?

    Air Conditioning

    Requirement Guidance source Comment

    Inspection

    F gas documents

    F gas checks

    F gas certification

    F gas records

    Ozone depleting substances

    Energy Performance of Buildings (Certificates and Inspections) Regulations 2007

    F Gas Regulations 2015

    F Gas Regulations 2015

    F Gas Regulations 2015

    F Gas Regulations 2015

    Ozone-Depleting Substances Regulations 2015

    Are Air Conditioning Systems inspected?

    Is there a register of all AC equipment containing more than 3 kgs of HFC refrigerant and is it up-to-date?

    Are the systems checked for leaks at the frequency specified in EU Regulation EC 842/2006?

    Are leak repairs checked within 1 month by a certified operative?

    Does the organisation and its operatives carrying out servicing to AC plant hold an F Gas Certificate?

    Are records of leak checks retained for 5 years?

    Are persons handling ODS’ suitably qualified?

  • 20

    Guidance Note

    Other

    Requirement Guidance source Comment

    Lightning protection

    Glazing – risk assessment

    Storage of hazardous substances

    Car parking vehicle & pedestrian segregation risk assessment

    BS EN 62305:2006

    Workplace (Health, Safety and Welfare Regulations 1992) & Building Reg’s Part M

    COSHH Regulations 2002

    The Workplace (Health, Safety and Welfare) Regulations 1992

    Does the building have a current test certificate (last 11 months)? This is only valid if all areas have been inspected and faults rectified.

    Has initial survey of building been carried out to identify areas where safety glazing should be in place, and have they been actioned?

    Is storage and use of hazardous substances checked annually?

    Is there a risk assessment and is it reviewed when changes take place?

  • 21

    Statutory Compliance in FM Procurement

    Further information and links can be found at: http://www.hse.gov.uk/index.htm

    Further reading

  • The Institute of Workplace and Facilities Management (IWFM) is the body for workplace and facilities professionals.

    We exist to promote excellence among a worldwide community of over 17,000 and to demonstrate the value and contribution of workplace and facilities management more widely.

    Our Mission: We empower professionals to upskill and reach their potential for a rewarding, impactful career. We do this by advancing professional standards, offering guidance and training, developing new insights and sharing best practice.

    Our Vision: As the pioneering workplace and facilities management body, our vision is to drive change for the future. To be the trusted voice of a specialist profession recognised, beyond the built environment, for its ability to enable people to transform organisations and their performance.

    The IWFM was established in 2018. It builds on the proud heritage of 25 years as the British Institute of Facilities Management.

    This document was produced by the IWFM Procurement Special Interest Group (SIG). Further information on the Procurement Special Interest Group can be found on the website at www.iwfm.org.uk

    While all due care is taken in writing and producing this guidance note. IWFM does not accept any liability for the accuracy of the contents or any opinions expressed herein.

    IWFMCharringtons House1st Floor SouthThe CausewayBishop’s StortfordHertfordshire CM23 2ER

    T +44 (0)1279 712 675E [email protected]