|
Many contractors are not directly concerned for the safety of your
customers and need assistance and close monitoring. For the purposes
of risk management "contractors" can be considered in three
categories:
1.
Contract Labour
are
usually from employment agencies, and are employees of that agency.
Typically these contractors work as if, in all other respects, they
are employees. These staff should be inducted, trained and
supervised, as if they were employees. Although their workers
compensation is the responsibility of the employing agency, the
"host" organisation has the same statutory responsibility for their
safety as if they were employees. It should also be noted
that the employing agency also has statutory responsibility for the
safety of their employees, and have been prosecuted in New South
Wales. However, this does not lesson the responsibility of the
"host".
2.
Independent Contractors
are
at the other end of the spectrum. Typically these are organisations
that provide specialised services on an as required or specific
project basis. These would include plumbers, electricians,
maintenance and service personnel, builders undertaking renovations
and consultants. Often these contractors are proprietary limited
companies, and may themselves use sub-contractors. Usually they
will be expected to be in control of the workplace, and provide
their own safe work procedures and training. If, however, such
contractors are to work alone, then it is appropriate to ensure they
are inducted into the site, appropriate to the risks to which they
are exposed. Typically such induction should include information
and instruction on:
-
Fire and evacuation
-
Danger tag and isolation procedures
-
Confined spaces
-
Hot
work cutting and welding permit procedures
-
Personal protective equipment required on site
-
Public safety rules (e.g. the use of warning signs when
cleaning)
-
Security procedures
-
First aid arrangements.
3.
Contractors working under direction and control of the host
organisation
management and staff could include contract cleaners, trolley
collectors, security personnel, and maintenance staff. They may be
employees of larger organisations, or independent self-employed
persons. In some circumstances they may be deemed to be employees
for some purposes (e.g. workers compensation), but non-employees for
other purposes (e.g. unfair dismissal).
The
level of liability for workers compensation, OH&S regulations, and
for their actions and failures in the event of a common law action,
will depend upon the particular circumstances of the relationship
and the facts of the incident.
It
is particularly important that the responsibilities of these
contractors are very clearly established. It is essential that
their insurance coverage match these responsibilities. Such staff
should be inducted, trained, and supervised to the same standard as
employees.
Copies of insurance certificates should be obtained and reviewed
annually for all contractors.
Failure of a
contractor to hold adequate Public Liability (and Workers
Compensation) insurance, may result in a claim being borne
unnecessarily by your Insurers. The failure of a contractor to have
a site risk management plan and appropriate safe operating
procedures applied by trained personnel, could result in breach
action against the Centre in the case of an accident.
GENERAL
PROCEDURES
You must obtain a
copy of the contractors' workers’ compensation and public liability
policy documents or at least
written evidence which indicates:
a) Name of
insurer
b) Policy
expiry date
c) Sum insured
- Note: must be at least
$10,000,000 – in the case of public liability
d) That
"Principals Liability" extension is included in the scope of the
public liability cover provided
Before commencement
of work, ensure the following:
a) Set up a
file on each contractor.
b)
Contractor’s site specific and general OH&S responsibilities and
liabilities are described in contracts.
c) Contractors
produce evidence of successfully completing similar jobs and provide
a history of their accident performance. Check this performance
with the appropriate authority (eg WorkCover).
d) The
contractor has adequate proof of both Public Liability and Workers
Compensation insurance and that this is verified by their insurer.
e) Principals
Liability Extension is included either in the contract or their
Public Liability Insurance documents.
f) That the
contractor has identified all hazards associated with the work and
has a Risk Management Plan to remove the hazards. (Place in
contractor’s file)
g)
That the contractors Risk Management Plan includes
Safe Operating Procedures
h)
That all contractors staff are Inducted into Safe
Operating Procedures for the Centre and the job.
i) The
contractor is supplied with the site specific rules and procedures
required by the Centre and they sign off and date the document.
(Place in contractor’s file)
During the period of
work, ensure:
a) That the
contractor is complying with the properties rules and the
contractor’s Risk Management Plan by regularly inspecting the work
site.
b)
Issue a documented non-conformance whenever there is
a breach of the rules or plans and place copy in contractors file.
(Note:
If contractor still fails to rectify problem, you should organise to
do so and back charge the contractor in question.)
c)
Document the minutes of all contract review meetings
and their resulting decisions and place copy in contractors file.
d)
The contractor's insurance is still valid by
re-checking with their insurer.
On
completion of the work, ensure:
a) The
contractor leaves the site in a tidy manner with no inherent risks
to people who will use the area.
b)
Document any infringements by the contractor and your
corrective action and keep this information on record in case of
future dealings and the possibility of back charging the contractor
for that work.
SEE ALSO:
EXAMPLE
CONTRACTOR RULES
EXAMPLE
CONTRACTORS MANUAL
EXAMPLE WORK
METHOD STATEMENT
CONTRACTORS
PROCEDURES - EXAMPLE
COLES MYER SAFETY
MANAGEMENT PLAN
(Also available
from
http://www.contractor.colesgroup.com.au/ContractorInduction/default.asp
along with other useful information for any person working at a
Coles location)
COLES MYER WORK
METHOD STATEMENT
Myer Contractor Online Induction - mandatory for anyone
visiting or working in a Myers store
|
.jpg){kind=logo}
