Achieving Safety Objectives Through Case Law, Statute And Procurement Processes

Achieving Safety Objectives Through Case Law, Statute And Procurement Processes Date: January 28, 2023 Planning Gateway One (Planning Application) - A: Have the Client's processes for identifying the party drafting the Fire Statement, and for other professionals preparing planning application, demonstrated a balanced approach to value and evidence of suitable competencies? [Guidance Section 5] - B: Have the Client's contract terms for professionals preparing the planning application stated integrated commitments (within their agreed roles and contributions) to the safety and quality compliance of their proposals? [Guidance Section 7] - C: Have the Client's selection process and contract terms for professionals preparing the planning application made clear their capabilities and commitments to use suitable digital information management tools? [Guidance Section 8] Gateway Two (Building Control Stage, Before Construction Can Begin) - D: Has the Client's procurement of the Principal Designer, Principal Contractor and other professionals preparing the Gateway two building control application (including plans, construction control plan, fire and emergency file and other supporting documentation) demonstrated a balanced approach to value and evidence of suitable skills, knowledge, experience and behaviors? [Guidance Section 5] - E: Has the Client's procurement of the Principal Designer, Principal Contractor and other professionals used early supply chain involvement ('ESI') to optimize contributions to improved safety and quality within agreed periods of time in advanced Gateway two? [Guidance Sections 6 and 10] - F: Have the Client's contract terms for the Principal Designer, Principal Contractor and other professionals preparing the Gateway two application stated their legal obligations as dutyholders (within their agreed roles and contributions) to safety and quality compliance? [Guidance Sections 7, 9 and 10] - G: Have the Client's procurement processes for the Principal Designer, Principal Contractor and other professionals preparing the Gateway two application made clear their capabilities and commitments to use suitable digital information management tools? [Guidance Section 8] - H: Is there a collaborative system by which the Client, Principal Designer, Principal Contractor and other professionals have regularly consulted with each other and with residents (where applicable) in advance of Gateway two in relation to the safety and quality compliance of all designs, specifications and related information? [Guidance Sections 7 and 9] - I: Is there a transparent decision-making process by which the Client, Principal Designer, Principal Contractor and other professionals have agreed the Gateway two application within their agreed roles and contributions as duty holders to safety and quality compliance? [Guidance Sections 7 and 9] During Construction (Between Gateways Two And Three) - J: Is there a collaborative system by which the Client, Principal Designer, Principal Contractor and other duty holders regularly consult with each other: • To implement the construction control plan and to update, maintain and implement the change management strategy approved at Gateway two? • To monitor and update the accuracy of a golden thread of information? • To ensure safety, quality and regulatory compliance of all designs, specifications and activities, including site control and change controls? [Guidance Sections 7 and 9] Gateway Three (Completion And Handover, Before Occupation) - K: Is there a collaborative system by which the Client, Principal Designer, Principal Contractor and other duty holders preparing the Gateway three application (including as-built plans and other prescribed documents), have regularly engaged with residents? [Guidance Sections 7 and 9] - L: Is there an integrated system by which the Client, Principal Designer, Principal Contractor and other duty holders have confirmed the safety, quality and regulatory compliance of all designs, specifications and activities before work is covered up during construction and before work is handed over on completion? [Guidance Sections 7 and 9] - M: Has Client's procurement made clear its capability and completed to hand over the golden thread of information and other prescribed information to the operator of the completed building? [Guidance Section 8] Construction Playbook And Safety - The Government 'Construction Playbook' 2022 endorses the DLUHC Guidance and states that: • 'Projects need to be procured and contracts managed to make sure the right behaviors are embedded from the outset and that safety and quality is valued throughout • Meaningful and lasting change requires visible and collaborative leadership at each stage of the project • 'If you are working on a project or a higher-risk building that is in scope for the building safety regulatory regime, alongside the Playbook please read DLUHC's guidance on 'Collaborative Procurement for Design and Construction to Support Building Safety' to ensure compliance and commitment to higher safety and quality standards' Construction Playbook Mandate - 'Construction Playbook' mandates collaborative procurement policies on a 'comply or explain' basis, in order to deliver 'better, faster and greener solutions that support our recovery from the COVID-19 pandemic and build the economy of the future while improving building and workplace safety' - Playbook requires public sector clients to procure using balanced evaluation criteria, to use ES/ adopt MMC, to embed the use of BIM and transparent decision-making - Playbook endorsement of FAC-1 framework alliance contract as a commitment to longterm contracts for portfolios of work that improve investment and innovation - Playbook endorsed in 'Compact bodies/consultants/contractors with Industry' by 49 professional - Through the Construction Playbook mandate and through links to the Building Safety Act Gateways, the DLUHC Guidance needs to avoid the 'Bermuda Triangle' of idealistic debate, cynical criticism and unrealized good intentions