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Dwr Cymru Cyfyngedig – Contractor Management

Notice under regulation 28(4) of the Water Supply (Water Quality) Regulations 2018 (as amended)

Reference: DWR-2024-00010

Version Number: 1

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): Dwr Cymru Cyfyngedig, with registered number 02366777 (hereinafter called ‘the Company’).

Assets Affected:

  • Whole company

Details of this Notice:

  1. The Drinking Water Inspectorate (‘the Inspectorate’) has received a set of regulation 28(1) reports of the Water Supply (Water Quality) Regulations 2018 (‘the Regulations’) from the Company dated 13 October 2023, which states that there is or has been a significant risk of supplying water from multiple sites (and associated assets as applicable) that could constitute a potential danger to human health or could be unwholesome.
  2. Consequently, this Notice is served on the Company by the Inspectorate on behalf of the Welsh Ministers, under regulation 28(4) for the assets listed above, for risks associated with:

Description of Risk

Regulation 28(1) Control Measure

Hazard I D

If not correctly controlled or applied, could cause a risk to wholesomeness and constitute a potential danger to human health.

Procedures (for Management of Contractors)

Multiple e.g. D78282

Risk assessment (undertaken by Contractors)

Multiple e.g. D126770

Training (of Contractors)

Multiple e.g. D126770

Table 1: Table of the hazards, hazardous events, and/or parameters covered by this Notice, including the Hazard I D numbers and the description of risks.

  1. The Company are required to satisfy the following requirements.

The date given is that until or by which the requirements must be maintained or satisfied, as appropriate.

Requirements:

(a) To maintain the following measures for the period specified in each case:

  1. All Water Quality, Network, Production, Control and Operational personnel (at all levels) to have clearly defined roles and responsibilities, and be trained in accordance with Company procedures pertaining to Contractor Management.
    Date: Ongoing for the duration of this Notice
  2. Staff with authority or accountability within the Company’s water quality governance framework, exercise those responsibilities in accordance with the framework in relation to Contractor Management.
    Date: Ongoing for the duration of this Notice

(b) To review, revise or make operational the following measures, by the dates specified in each case:

  1. Complete a review of the governance and management of contractors in accordance with the scope attached in Appendix 1, to include;
    • The contents of contractual agreements particularly including expectations in respect of regulatory requirements and generating evidence to demonstrate compliance.
    • Communication between the company and contractors; including escalation routes.
    • Planned and unplanned contractor work risk assessment and control measure records, procedure and records for preceding review and sign-off of said risk assessments.
      Date: 31 October 2025
  2. Implement actions to address any improvements identified from the findings of the review outlined in (b) 1.
    Date: 31 October 2026
  3. Complete a review of the audit process for contractors in accordance with the scope attached in Appendix 1, to include;
    • Desktop and field audits, assessment of compliance with regulations and procedures, and evidence collected during the job and quality of records.
    • Documentation and training records to demonstrate quality and compliant work undertaken by suitably trained staff.
      Date: 31 January 2026
  4. Implement actions to address any improvements identified from the findings of the review outlined in (b) 3.
    Date: 31 January 2027
  5. Complete a review of contractor procedures, in accordance with the scope attached in Appendix 1, to ensure compliance with regulatory requirements.
    Date: 30 April 2026
  6. Implement actions to address any improvements identified from the findings of the review outlined in (b) 5.
    Date: 30 April 2027

(c) To audit whether the measures have been effective by the following means:

  1. Define an audit strategy to monitor the effectiveness of the measures specified in sections (a) and (b).
    Date: 28 February 2025
  2. Implement, and keep under continuous review, the audit strategy defined in measure (c)1.
    Date: Following completion of measure (c)1. onwards.

(d) Not to supply water for regulation 4(1) purposes from assets that contractors work on, or not to so supply unless the specified conditions below are satisfied:

  1. Not applicable

(e) To provide the following information in the time and manner specified below to enable monitoring of progress towards the mitigation of the risks:

  1. Provide a progress report annually.
    Date: by 31 January each year.
  2. Provide a report on the review as described in (b)1
    Date: 30 November 2025
  3. Confirm completion of improvements as described in (b)2.
    Date: 30 November 2026
  4. Provide a report on the audit process review as described in (b)3
    Date: 28 February 2026
  5. Confirm completion of improvements as described in (b)4.
    Date: 28 February 2027
  6. Provide a report in the review of contractor procedures, as described in (b)5.
    Date: 31 May 2026
  7. Confirm completion of improvements as described in (b)6.
    Date: 31 May 2027
  8. Submit the audit strategy for auditing the effectiveness of the measures, as specified in measure (c)1.
    Date: 31 March 2025
  9. Submit any revisions of the audit strategy produced under measure (c)2.
    Date: Within 1 month of a revision
  10. Submit a report in the event that any completed measures of this Notice need to be altered in any way, for any reason.
    Date: Ongoing for the duration of this Notice
  11. Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with Board level Director sign-off.
    Date: 31 May 2028

Further Details of this Notice:

  1. Any product or substance used as a result of the requirements in this Notice must comply with regulation 31.
  2. Under regulation 28(6) the Inspectorate, on behalf of the Welsh Ministers, may by notice served on the Company, revoke or vary this Notice.
  3. Failure by the Company to comply with this Notice may result in enforcement proceedings under section 18 of the Water Industry Act 1991 (as amended).

Signed

Nicholas Adjei
Deputy Chief Inspector, on behalf of the Welsh Ministers
18 December 2024
Reference: DWR-2024-00010

Annex 1

The scope of this Notice covers any of the Company’s contractors (and their sub-contractors) that conduct activities on the Company’s drinking water supply system (i.e. Water Treatment Works, Service Reservoirs, Distribution Network) and require an EUSR National Water Hygiene certificate.

A list of these activities are as follows:

  1. Installation, repair, replacement, refurbishment or maintenance of assets
  2. Mechanical, electrical or specialist services
  3. Services that require access to restricted areas (CNI)
  4. Services that require access to potable water
  5. Services that require the application of Regulation 31 (substances & products)
  6. Capital delivery programmes required to deliver the Company’s Business Plan (strategic investment and capital delivery)
  7. Services that contribute to the resilience and security of the water supply
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