Is it the principal employer or the client who engages a façade cleaning company responsible for the safety of the operator?
Is it the façade cleaning contractor who outsources his cleaner to the client company responsible for the safety of his worker?
Is it the worker himself responsible for his safety?
Some of the client companies outsourcing façade cleaning believed that the responsibility of the operator’s safety laid with the employer that is the FM service provider or the contractor. The Indian laws of Workers’ Safety Act or Workmen’s Compensation Act, Factories’ Act, Contract Labour & Shop and Establishment Act and others have laid down rules for the payments and provisions of the contract labourer; it does not address the SAFETY aspect of an operator working on heights. Quoting from the Contract Labour (Regulation & Abolition) Act 1970: “Contract workers need to be paid as per the minimum wage act. For the health and welfare of contract labourers certain provisions have been made mandatory by the Contract Labour Act such as safe drinking water, canteen facilities, first aid facilities etc. Social security covers in terms of provident fund benefits and medical facilities need to be also given to the contract employees. It is the primary responsibility of the contractors to provide all facilities to the workers as delineated in the Act.
“However, the principal employer should ensure the presence of his authorized representative at the place and time of disbursement of wages by the contractor to the workmen and it is the duty of the contractor to ensure the disbursement of wages in his/her presence. However, if the contractor fails to pay wages or provide other facilities, the responsibility falls on the principal employer. Field officers of labour department are supposed to conduct regular inspections to detect violations of the provisions of the Act. ”
Legally, the principal employer is not bonded to any untoward incident related to the safety of the contract worker in the client premises. A few responsible client companies CIJ spoke to say, “Selection of an appropriate company is vital and it is important to have background checks done on the FM Company. The previous work done by the company, its track record in the industry, the working conditions and also the safety procedures followed by it have to be taken under consideration. The client usually advices on the usage of safety apparatus like safety belts and helmets.”
“A supervisor should be appointed to monitor the work being carried out. The checks should include proper methodology of engaging in façade cleaning, like correct usage/dosage of cleaning chemicals, cleaning methods, etc. Some client companies insist on information of the safety procedures in place for the work carried out and also insurance details of the workers employed. Medical certificates of the workers are requested to see that they do not suffer from history of heart and blood pressure related ailments.”
Pointing out the fact that the operators are employed by the contractor, Manjunath D Manager – Administration and Facilities, Sonata Software Limited, says “For sending unfit and untrained personnel to do specialised jobs like façade cleaning, the contract company should be held in case of mishaps. But it is also the responsibility of the client company to ensure that work is started only with the proper safety procedures in place and the operators sporting proper safety apparatus get on the ropes after being medically certified for the job.”
On a firm note, Faizullah Khan I, Chief Engineer, HILTON Mumbai, says “We advise the use of cradles for façade cleaning and in case of other methods being adopted, we insist on safety apparatus like, belts, nets, etc. There is also a person on surveillance, whose job profile is to provide support to the operator on line and do the needful in case of an accident. It is difficult to keep track of the employee medical records as the contactor usually just brings contractual employees. But we do insist on safety methods to be in place and if an accident occurs due to wrong methodology being adopted, the contactor is squarely held responsible.”
However, façade access/cleaning companies argue that the client is responsible and answerable to authorities if something unfortunate happens due to non-compliance of safety norms. “Occurrence of accident involving life of a person can bring bad reputation and can result in prolonged litigation. Unsafe methods can even damage the façade, which will not be noticed immediately; but in near future it will bring in more shocking news and the cost implications then will be very high. To deploy safe, secure system and follow safety norms, it doesn’t cost much. It is only a matter of will. It ultimately pays in the long run to be safe than be sorry.”
With regards to the responsibility of the workers safety, one thing that is agreed upon is that, all obligations and responsibilities of the parties involved in the contract should be clearly agreed upon and duly noted in the contract. Everything has to be in written form and explicitly outlined before any kind of work is implemented.
Medical Fitness
• Heart disease
• High or low blood pressure
• Epilepsy / fits / vertigo
• Giddiness / difficulty with balance
• Impaired limb function
• Alcohol or drug dependence
• Psychiatric Illness
• Obesity
• Diabetes
Tender Process
It is then recommended to have the interested tendering companies perform a cleaning at intervals of two to three hours in order to evaluate the results according to the criteria time required, cleaning agents, hydrophobizing and care products used, professionalism of the cleaning, protection of other elements, and, of course, the cleaning result.
In the case of façade cleaning, though the tenders mention ‘safety standards’ as part of the operations, there are no safety standards prescribed. A quick glance at any of the tenders floated by the Government or public limited companies revealed that safety was not a clause or criteria for selection but a requirement. Hence it would mean that any requirement not adhered to only calls for a penalty and not cancellation of the contract itself. Could this be termed as negligence towards safety?
In fact, a self-rescue system should be included as a clause, so that in case of any untoward situation, operatives can safely retrieve themselves without any external aid. For suspension, a multiple rope system is adopted, so that in case of failure of main suspension, secondary suspension is always in place. In case of power failure (for motorised systems) the arrangement is provided in such a way that the system can be lowered or raised to the safety position without any power.
Cleaning Agents
Similarly, many of the tenders do not specify the cleaning products for façade cleaning. The use of non-neutral cleaning agents (with acidic or alkaline components) very often leads to irreparable damages of the surfaces which then require an extremely costly restoration. The tendency to use acidic or alkaline acting cleaning agents is intensified, if suppliers offer low prices due to lack of practical experience which exclude a gentle, environment friendly optimal cleaning and possibly preservation.
If then the company performing the work establishes funding gaps taking the quotation price and the scheduled performance into consideration, it will generally to compensate this with “chemicals”.
It is often the case that damages caused will show up only several months after the cleaning so that the outsourcing client can only establish with great expenditure that the visual changes of the window and facade coverings have resulted from the cleaning or preservation.
Hence, it is all the more important to ensure the appropriate performance of the cleaning procedure in order to achieve an optimal cleaning on one hand, and to be cleaned without damaging the surfaces or other elements on the other hand.
The present façade cleaning sector is highly unorganised and unregulated. In a country, where façade cleaning itself is not mandatory, there is no compulsion for maintaining facades. In many industries, façade is taken up for cleaning once a year! But with many fancy facades having come up, cleaning is now becoming a necessity. However, at many places, there is no budgetary allocation for cleaning itself, leave alone façade cleaning. “There is no proactive approach toward cleaning. It is only reactive or fire-fighting attitude. Unless something drastically goes wrong with the façade, nobody thinks about regular maintenance. Rather there is no preventive maintenance it is breakdown maintenance in many cases,” says a service provider.
Safety first, then Speed
What is the safety precaution prescribed to ensure window cleaner’s safety during training?
Our window cleaners have working at heights certificates, as well as manual handling and roof safety training. They have also got an NVQ in window cleaning. We write risk assessment and method statement before any work takes place, which highlights any dangers in the working area. Firstly, we ensure that there is no risk of falling from height and also ensure that we don’t injure the public in any way. We put warning cones in place to warn the public and use safety barriers where necessary.
What is it that makes Deborah Morris special in her task, being fast at the same time ensuring safety?
Deborah is a much focused person and strives to be the best. She is naturally fast and efficient, and so did not have to practice too much to be the world’s fastest. She ensures her safety by not taking any risks and works with her feet firmly on the ground. She does not work at height and all her work is undertaken with reach-and-wash water-fed poles.
While, working at heights, speed is never an issue. The most important part is to clean the windows safely. We are never concerned how long the job takes as long as it is safe.
Finally, the outsourcing client must thus conclude a façade cleaning contractor for a safe and secure cleaning only if the contractor is a professional service provider.