APPLICATION FORM FOR EMPLOYMENT In Confidence Bowen Projects Ltd (The Company) And (The Contractor) Definitions In these Conditions: “Company” 9UT means Bowen Projects Ltd of R/O 203 Torrington Ave, Coventry CV4 “Contractor” means the Worker that represents the above registered company by supplying the services below; “Customer” means the person/s, organisation or corporate body, requiring the services of the contractor; “Assignment” means the period during which the contractor is engaged to render services to the client as described in the attached Schedule; As used herein the masculine includes the feminine and the singular includes the plural and vice-versa. The headings contained within these Terms are used for convenience only and do not affect their interpretation. Please complete this form in full and return, even if you attach a full CV 1. POST APPLIED FOR: 2. PERSONAL DETAILS Surname (Block Letters): First Name: NI Number: Sex (please indicate): Nationality Date of Birth: Sentinel Card Number Email 3. PERMANENT ADDRESS Address: Tel Number: Mob Number: Postcode 4. ADDRESS FOR COMMUNICATION (if different from above) Address: Postcode Tel Number: 5. NEXT OF KIN (for emergency contact) Name & Address: Postcode Tel Number: 6. AVAILABILITY Dates when you will not be available for interview: If offered, when could you take up the post? 7. EDUCATION & QUALIFICATIONS SCHOOLS/COLLEGE Year of leaving: Educational qualifications gained at this or other schools and colleges Give details with dates starting with the most recent exam Exam Subject Grade Year Exam Subject Grade Year 8. NETWORK RAIL QUALIFICATIONS EXPIRY DATES PTS AC/DC Track Safety Handbook Held Yes/No Lookout/Site warden Equipment Yes/No COSS Assessment required Yes/No Engineering Supervisor Assessment required Yes/No PICOP Assessment required Yes/No Senior PICOP Assessment required Yes/No Hand Signalman Assessment required Yes/No DC Strapman D32 D33 MOD Competencies PICOM Emergency First Aid Medical Drugs & Alcohol Please send us colour copies of all certification and relevant assessments Page 4 9. OTHER QUALIFICATIONS NOT LISTED 10. DECLARATION OF WORK UNDERTAKEN It is essential that we are aware of the amount of Safety Critical Work undertaken by yourself under each competency held by yourself. Please complete the declaration below: In the last 12 months I have undertaken work as a: Nominated Person PICOP/ES COSS PC IWA Lookout/Site Warden Hand Signaller Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No If Yes, how much If Yes, how much If Yes, how much If Yes, how much If Yes, how much If Yes, how much If Yes, how much I confirm that the above information is correct Signed: Name: Date: OFFICE USE ONLY Discipline Full Course Refresher Nominated Person PICOP/ES COSS PC IWA Lookout/Site Warden Full course/refresher arranged by: Comments: Page 5 Date Arranged 11. MEDICAL SELF CERTIFICATION FORM Alertness and reasonable physical fitness are essential to enable you to carry out Safety Critical duties. It is therefore important to be accurate with your answers to the questions below. Although trivial matters should be ignored (e.g. dizziness while gardening two years ago). When you declare “NO” you are accepting a degree of responsibility for your safety. Please study this list, answer the questions and sign the declaration Do you have diabetes needing insulin? Do you suffer from epilepsy or fits? Have you ever, or do you, suffer from asthma or chest related breathing problems? Have you ever had blackouts, dizziness or any condition which may cause sudden incapacity? Do you get discomfort or pain in the chest or shortness of breath on exercise? Do you have difficulty in moving rapidly over short distances including steps or rough ground? Would you have difficulty in looking over each shoulder? Do you wear/require glasses for normal vision? Do you wear contact lenses whilst at work? Do you have any difficulty in hearing normal conversations? Are you taking any medication that may cause dizziness or drowsiness? Have you used drugs of abuse in the last 12 months? Have you had any alcohol related illness in the last 12 months? Yes, one or more of the above applies to me No, none of the above applies to me If you have ticked “Yes” to any of the above please give details in full: NB: If you have ticked “Yes” to wearing glasses or contact lenses, a second pair must be carried at all times when working on or near the line. Signature Date OFFICE USE ONLY Application Progressed Application refused Referred for medical examination Signed: Name: Page 6 12. EMPLOYMENT HISTORY Please give details of all full and part time posts held Present post From (month and year) Name and address of current employer Position held, description of work and responsibilities Current Salary Previous posts held, most recent first Month & Year From To Name & address of employer Position of held, description of work, reason for leaving Salary on leaving 13. DRIVING DETAILS Do you hold a Driving License? /No Do you have any endorsements? Yes/No If yes please provide details of endorsements held: Have you ever been convicted of drink driving? Yes/No No Have you ever been dismissed for any rail related transgressions within the last 3 years? Yes/No No Page 7 14. Please give details of two references to which we may refer now or later. At least one should be someone responsible for your work in your present or last post. Name Organisation: Position: Address: Postcode: Tel Number: May the reference be sought without referring to you first? Yes/No Name: Organisation: Position: Address: Postcode: Tel Number: May the reference be sought without referring to you first? Yes/No Declaration I will abide by all Health, Safety and Environmental requirements as laid out by the company and its Clients. I am aware that I will be subjected to random Drugs and Alcohol testing whilst employed by the company. I hereby waive the restrictions on the 48 hour average weekly working time set out in Working Time Regulations 1998. It is my understanding that only by giving 4 weeks notice can this agreement be terminated. Signature: Name: Date Page 8 15. BANK DETAILS Bank name: Bank address: Sort Code: Account number: NI Number: I hereby confirm that the above bank details are correct and relate to the account I wish you to credit for works completed by the undersigned: Signature: Name: Date: Umbrella Payroll Company: Ref Number: If you wish to be paid through your own Ltd Company please provide a copy of your company registration number and VAT registration number. Page 9 INDUCTION 16. QUALITY HEALTH & SAFETY The undersigned have been formally briefed understood and will adhere to the following Procedures and Policy Statements Quality Policy Statement, Health, Safety and Environment Policy Statement, Drugs and Alcohol COSHH Excess Hours Accident & Incident Reporting Signed: Name: Date: 17. MODULAR RULE BOOK You will be briefed and issued with a copy of the new modular rulebook (if you don’t already hold one). Please confirm you already hold a copy or receipt of and briefing on the rulebook. Name: Signature: PTS Card Number: 18. BASIC PPE You will be issued (free of charge) with the following basic items of PPE: Safety helmet High Visibility vest Safety footwear / If required These are the minimum requirements for PPE to be used for all work on railway infrastructure. You may be issued with additional PPE according to the activities you are involved in. You must maintain these items in good condition as per the manufacturers instructions at all times. If you leave the company within 6 months you must return all items of PPE or the sum of £100 will be deducted from your last weeks payment of work to cover the cost of the PPE. Page 10 I confirm that I have read the instructions and understand the conditions of receiving and maintaining PPE. Signed: 19. HOURS OF WORK DISCLAIMER It is a requirement of the company that the working time of all workers and sub-contractors comply with the following limits, as stipulated in: The Railways and Other guided Transport Systems (Safety) Regulations 2006. I understand that: a. Maximum hours worked No more than 13 turn of duty to be worked in any 14 day period. b. Maximum hours worked No more than 12 hours to be worked per turn of duty. Hours of work shall include travel to and from worksite unless a designated non-working driver is available. c. Minimum Rest Period Minimum rest period of 12 hours between booking off a turn of duty to booking on for next turn. d. Maximum Working week No More than 72 hours to be worked per calendar week (Saturday to Friday) I confirm that I will not accept assignments from any labour suppliers that would cause a breach of these regulations. Name………………………………………….. Signed………………………………………… Date……………………………………………… Page 11 TERMS & CONDITIONS OF CONTRACT (RAIL LABOUR) In Confidence 1. The Service These terms constitute a Contract for Services between the Company and the Contractor and the terms herein govern the Assignment undertaken by the contractor. The Contractor shall perform the Services in accordance with the terms of this Agreement and any mutually agreed amendments thereto. For the avoidance of doubt, these terms shall not give rise to a contract of employment between the Contractor and the Company. The Contractor is engaged as a self-employed worker through the above registered company. No variation to these terms shall be valid unless agreed in writing by the Company. 2. Future Assignments The Company shall endeavour to obtain suitable Assignments for the Contractor. The Contractor acknowledges that it is in the nature of contracting for services that there may be periods when no suitable work is available and agrees that solely the Company shall determine suitability, And The Company shall incur no liability towards the Contractor should it fail to offer opportunities of work. 3. Remuneration The Company shall pay to the Contractor remuneration at the Rate specified in the Schedule during an Assignment. The actual rate shall be notified on a per Assignment basis, for each hour worked during an Assignment and be paid weekly in arrears. This however shall not exceed Industry Guidelines as detailed in the Company’s Working Hours Policy, unless specifically agreed by the Company and the Customer. Subject to any statutory entitlement under the relevant legislation, the Contractor is not entitled to receive payment from the Company or Customer for time not spent on Assignment, whether in respect of Absence, Holidays or Illness. Upon receipt of a properly authorised time sheet as per Clause 6, payment shall be made via BACS and all reasonable efforts shall be made for the payment to arrive on the Friday of the week that the time sheet is received. 4. Time Sheets and Invoices Unless arrangements have been made to the contrary, at the end of each week of an Assignment (or at the end of an Assignment where an assignment is for a period less than one week or is completed before the end of a week) the Contractor shall deliver completed time sheets that are signed by the Contractor and by an authorised representative of the Customer. The Company shall not be obliged to make any payment to the Contractor unless a properly authenticated time sheet has been submitted. In order that time sheets can be processed and included in the payroll for the current week, it is essential that signed time sheets are received by the Company no later that 1200 hrs (midday) Tuesday. Page 12 5. Conduct of Assignments The Contractor is not obliged to accept any Assignment offered by the Company but if he does so, during every Assignment and afterwards where appropriate, he shall: Co-operate with the Customer’s staff and accept the direction, supervision and control of any responsible person in the Customer’s organisation; Observe any relevant rules and regulations of the Customer’s establishment to which attention has been drawn or which the Contractor might reasonably be expected to ascertain; Unless arrangements have been made to the contrary, conform to the normal hours of work in force at the Customer’s establishment; Not to engage in any conduct detrimental to the interests of the Customer; Not sub-contract to any third party any of the services which is required to perform under an Assignment; Not at any time divulge to any person, nor use for his own or any other person’s benefit, any confidential information relating to the Customer’s or the Company’s employees, business affairs, transactions or finances. If the Contractor is unable for any reason to attend work during an Assignment, he should inform the Company and the Customer by no later than 10.00 a.m. on the first day of absence. 6. Termination The Company or the Customer may, without prior notice or liability, instruct the Contractor to end an assignment at any time. The Contractor may terminate an Assignment at any time immediately by informing the Company 7. Health and Safety The Contractor shall: Comply with the full requirements of the Company’s Health and Safety Policy and procedures. The company has a duty of care that the health and safety of its employees is under no circumstances overlooked by the company or any customer of the company, and that control measures are in place to guarantee this duty. Duty includes the refusal to work on grounds of Health and Safety. Take all reasonable steps to safeguard his own safety and the safety of any other person present who may be affected by his acts or omissions on the Assignments. Wear appropriate clothing subject to the requirements of Personal Protective Equipment and Work specific Risk Assessments. Agree to adhere to company Drugs and Alcohol policy and procedures. Full guidelines of this process can be found in the comapny Health & Safety Manual. Furthermore the contractor shall sign as an acknowledgement that the briefing received has been fully understood and that the contractor shall abide by the requirements of the Company and the requirements of the Health & Safety Policy of the customer. 8. Accident Reporting Procedure In the event of the contractor suffering from an accident, howsoever caused, the contractor shall report the incident directly to the customer line manager responsible for the contractor. The contractor shall also report the accident directly to the Company immediately following the completion of the accident book, whereby further investigation shall be conducted. 9. Grievance Procedure It is expected that any day to day problems or difficulties shall be resolved in an informal manner. If the grievance cannot be dealt with in this way then it shall be dealt with formally. Any worker with a grievance must raise the issue either orally or in writing with the person to whom they are responsible to at the Company. Should the matter not be resolved satisfactorily, it shall be escalated to the Head of the Department. Page 13 10. Disciplinary Procedure In all cases of disciplinary interviews, workers shall be advised of the reason for the interview and the right to have a colleague present before commencing a disciplinary interview. Minutes shall be recorded, and a copy given to the worker and held on the workers personnel file. 11. Warranties The Contractor warrants that, in performing the Services, all the activities shall be carried out to a high professional standard and in accordance with best industry standards. The Contractor warrants that the provision of the Services, to the extent that they are under the Contractor's control, shall not be in violation of any applicable law, rule or regulation or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information and nondisclosure rights, or infringe or breach any trademark, copyrights or patent rights. The Contractor warrants that it shall have obtained all permits required to comply with such laws and regulations prior to the provision of any Services hereunder. 12. Indemnification The Contractor shall indemnify the Company during and after the Initial Term (as per the attached Schedule, and, where applicable, the Secondary Term) against any claim for infringement of any copyright, letters patent or registered design arising out of the provision of the Services and shall indemnify Company against all costs, legal expenses and damages which Company may incur in the defence of, or resulting from, any action for such claimed infringement. The Contractor shall indemnify the Company during and after the Initial Term (and, where applicable, the Secondary Term) against any claim arising in consequence of any act of default or negligence by the Contractor in the performance of the Services or any failure by the Contractor to comply with confidentiality or other obligations, and against all costs legal expenses and damages which Company may incur in the defence of or resulting from any such claim and also against any legal costs or expenses (including legal expenses) which Company incurs in protecting its confidential and/or proprietary papers and information. 13. Insurance The Contractor shall effect and maintain during the Initial Term (and, where applicable, the Secondary Term) an insurance policy with a reputable Insurance provider in respect of Public Liability, Employer's Liability and Professional Indemnity. There shall be no limit to the Contractor's liability under this Agreement for death or personal injury caused by it or the Contractor's negligence. In respect of professional indemnity and loss of or damage to property the Contractor's liability under this Agreement shall be £5,000,000 (five million pounds) for any one event. Evidence of such insurance shall be provided to the Company at the Company’s request. 14. Law This Agreement shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts. I have read and understand the terms of engagement and accept that these form my Contract for Services with the Company. IN WITNESS OF WHICH the parties have signed this agreement as acceptance thereof. Signed by the Contractor ____________________ Date ______________________________________________________________________ Signed by or on behalf of the Company___________________________________________ Date ______________________________________________________________________ Page 14 Numeracy and Phonetic Alphabet Test Form Please covert the following words into individual letters using the phonetic alphabet as shown in the example below: Example 1 HORSE Answer: Hotel Oscar Romeo Sierra Echo Q.1 PIN Answer: Q.2 WALL Answer: Q.3 ZEST Answer: Q.4 YACHT Answer: Q.5 TRICK Answer: Now write these signal post numbers out using the phonetic alphabet and writing the numbers in full as shown in the example below: Example 2 HR860O Answer Hotel Romeo Eight Six Zero Oscar Q.6 WP432M Answer Q.7 LN209Y Answer Q.8 374 + 509 Answer (phonetically) Q.9 7 X 32 Answer (phonetically) Q.10 48 / 8 Answer (phonetically) Employee Signature ________________________________ Date __________________________ Page 15 JOB DECRIPTION Safety Critical Staff Title: Safety Critical Staff Date: Dec 2007 Reports to: Operations Director Safety Critical: Yes 1. Purpose of Job: Ensure that safety critical works are carried out as directed by your Site Supervisor and in line with training for specific competencies that you may hold. 2. Principle Accountabilities: To make yourself familiar with and understand the Company's Health and Safety Policy, procedures and safety rules. To take all reasonable care for your own health and safety and for that of others who may be affected by your acts. To follow safe working practices and obey safety rules at all times. Not to intentionally or recklessly interfere with, or misuse any equipment, materials or facilities provided in the interest of health, safety and welfare, or in fulfilment of any legal obligation by the Company. To maintain a tidy working area, thereby not creating hazards to yourself and others. To co-operate with the Managing Director and all other members of senior management on all aspects necessary to provide a healthy and safe working environment, including the participation in any training. To keep company vehicles, tools and equipment in your use in good order at all times and to report any fault to the Quality and Technical Services Director. To know the location of fire extinguishers within the areas in which you are working and the action to be taken in the event of a fire. To ensure, when working on site, that fire extinguishers remain accessible and that fire exits (when applicable) are not obstructed. To use any protective clothing and equipment provided and to routinely check the condition of such equipment and to report any damaged or missing equipment to the Managing Director or the Quality and Technical Services Director. You shall not interfere with any equipment provided by the Company in the interest of Health & Safety. To know the location of first aid boxes within the areas in which you are working and the action to be taken in the event of an accident. To report any accident, dangerous occurrence or hazardous condition to the Managing Director and to co-operate in any resultant investigations 3. Contact With Others: Contacts: Purpose: Clients As necessary in line with carrying out duties, COSS briefings (if competent) for example. Link Up None Senior Management Feedback from site to ensure continual improvement Page 16 4. Experience, Knowledge, Qualifications and Training: As dictated by the competencies held on Sentinel card. Good Knowledge of the relevant sections of the Rule Book applicable to duties being carried out. I hereby agree to comply with my accountabilities as laid out in this Job Description: Signed: Name: Page 17 Date: PLEASE RETURN THIS TO THE OFFICE CONTRACT OF SPONSORSHIP NEW SENTINEL SCHEME PRIMARY SPONSOR: Bowen Projects Ltd SPONSOR REPRESENTATIVE: Sion Bowen INDIVIDUAL: CONTRACTUAL RELATIONSHIP: Direct employee, self employed, subcontractor (Delete as appropriate) SUB SPONSORS PERMITTED: Yes/No (Delete as appropriate) DATE: This contract sets out the responsibilities of the primary sponsor and the individual following agreement between the two parties for the sponsorship of the individual for the New Sentinel Scheme operated on behalf of Network Rail. Regardless of the employment status of the Individual, the Primary Sponsor through the Contract of Sponsorship shall fulfil the role of the employer for the purposes of health and safety legislation. Prior to commencement of this contract the Primary Sponsor shall undertake checks of an Individual’s suitability to work on NRMI. The Primary Sponsor shall arrange for the Individual under this Contract of Sponsorship with: A valid Sentinel Smart Card. An induction briefing which will include as a minimum the rules and responsibilities of the Sentinel Scheme. Suitable PPE, so marked as to identify who an Individual is working for when on NRMI, and suitable training to be able to use that protective equipment effectively in accordance with the Sponsor PPE policy. Regular briefings on changes to standards, Rule Book updates and Sentinel Scheme Rule updates. Training and assessment to ensure competence at required intervals Safety Critical Equipment to enable the Individual to undertake their role (jointly with any Sub-sponsor) Personal issue information such as handbooks, standards and relevant information. Page 18 Advice, guidance or instruction on any restrictions based on medication and other medical fitness issues. Mentoring support to develop the competence of the Individual Clear contractual arrangements between the Primary Sponsor and Individual, and whether SubSponsors are permitted. Monitoring and management of working hours of Individuals under their Contract of Sponsorship. Shifts worked with Sub-Sponsors must be considered in the monitoring of working hours and the management of fatigue. Agreeing any sub-sponsorship arrangements with the Individual and to grant permission to any Subsponsor to use their resources. Enacting the Local Investigation process where any suspected breach of the Sentinel Scheme Rules becomes apparent. Collating information from Sub-sponsors to enable conclusion of the Local Investigation. Maintaining records of Local Investigations and requesting a Formal Review where a Scheme Outcome is recommended following a Local Investigation. Providing a reason for de-Sponsoring an Individual Conducting a Local Investigation before de-Sponsoring an Individual for any breach of the Sentinel Scheme Rules. Collating and maintaining all records associated with the Contract of Sponsorship of an Individual as required by the Sentinel Management System (see Section 3). Requesting a temporary Suspension pending the conclusion of Local Investigation where appropriate. The individual shall: carry their Sentinel Smart Card at all times while working on NRMI and will co-operate with their Primary Sponsor to ensure the personal information held in the Sentinel Scheme Database and printed on the Sentinel Smart Card remains accurate. Follow the rules of personal accountability for working safely on NRMI, including compliance with the Lifesaving Rules, care and correct use of PPE, attendance and compliance with Safety Briefings, Rule Book updates and Sentinel Scheme Rules updates. Notify the sponsor of any competences or training requirements including recertification courses. have a responsibility to manage their Sponsor relationships and at all times when working on the NRMI an Individual has a responsibility to: o Know the identity of their Primary Sponsor. o Know which Sub-Sponsor they are working for (when they are not working for their Primary Sponsor); o Provide the correct name of the Sponsor they are working for when booking into site. Page 19 notify the Primary Sponsor of any changes in circumstance including health issues, that may require the Primary Sponsor to take action to ensure the Individual’s continued fitness for work trackside Notify the Primary Sponsor if they no longer wish to be sponsored by them so they can be desponsored. Change of sponsorship can be requested online through My Sentinel. Co-operate with any investigation into an alleged breach of the Sentinel Scheme Rules by Primary or Sub Sponsor NOTE: Individuals can access their personal records on the Sentinel Scheme Database. This can be requested from their Primary Sponsor, or by direct access to the My Sentinel area of the Sentinel website. Primary Sponsor Representative Signature Date __________________________________ _____________ Individual Signature Date ______________ __________________________________ Page 20 Page 21 Formal Review Appeal process Page 22 Page 23
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