Contractor Management
Overview • What are the key WHS legal requirements in relation to contractor management? • What does good contractor management look like? • Some recent cases • Hints and tips
Some reasons to manage contractors
Work Health and Safety Act 2012 THE HUTCHINS SCHOOL
PCBU Primary Responsibilities • Section 19: Primary Duty of Care: PCBU must ensure so far as is reasonably practicable, the health and safety of – Workers engaged, or caused to be engaged by the person; and – Workers whose activities in carrying out work are influenced or directed by the person
Section 19 (3) WHS Act 2012 • the provision and maintenance of a work environment without risks to H&S; and • the provision and maintenance of safe plant and structures ; and • the provision and maintenance of safe systems of work ; and • the safe use, handling and storage of plant, structures and substances; and • the provision of adequate facilities for the welfare at work of workers, including ensuring access to those facilities; and • the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their H&S arising from work • that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.
Who is a worker? A person is a worker if the person carries out work in any capacity for a PCBU including work as – (a) an employee; or (b) a contractor or subcontractor; or (c) an employee of a contractor or subcontractor; or (d) an employee of a labour hire company who has been assigned to work in the person's business or undertaking; or (e) an outworker; or (f) an apprentice or trainee; or (g) a student gaining work experience; or (h) a volunteer; or (i) a person of a prescribed class.
What obligations do school’s owe contractors? • Contractors and subcontractors and employees of contractors and subcontractors as we known are workers. • In simple terms Schools owe the same duty of care (s19) to a contractor as you do for a person you directly employ (i.e. a teacher, a receptionist)
You cannot contract out your health & safety obligations
Construction project • Construction project is a project that involves construction work where costs is $250,000 or more • If your School engages another PCBU (e.g. Voss, Fairbrother) you can appoint them as the Principal Contractor for that project and you can authorize that PCBU to have management or control of that workplace and discharge the duties of a principal contractor. • I would ensure that this is in writing prior to the project commencement
What might good contractor management look like? THE HUTCHINS SCHOOL
Contractor Management • A quick straw poll prior to developing this presentation – What are minimum things Schools should be doing? – What are the extras that Schools could be doing? – What are Safe Work Method Statements and when do you need them?
Prior to Engagement – The Basics • Evidence of current insurance • Completion of contractor induction = Minimum • Evidence of qualifications, competency, licenses • A signed contract or acknowledgement form or similar • Working with Children Registration if deemed necessary in relation to the work undertaken + Continue to review and update
Working example At Hutchins we have found the following contractor categories useful • Minor works (up to $250,000) • Major works (greater than $250,000) • Outdoor Education Contractor • Consultant, Auditor and Trainer • Music Specialist • Each category has a pack which needs to be completed and returned before work commences
Minor v Major Contractor Work Packs Minor Major • Contractor induction • Same requirements Minor + • Insurance details supplied (Public • WHS Questionnaire liability, Workers Compensation, Motor • Safety Management Plan Vehicle Third Party) • Acknowledgment form signed • Competency register completed • Risk Assessment Completed • Working With Children Registration • Must display contractor pass
Advanced – What else could you be doing? • Approved Contractor Register: a list of contractors that have completed all the relevant checks and paperwork and are known to carry out work safely and to a high quality • WHS Questionnaire – to understand contractor commitment to WHS • Third party certified WHS Management System – for bigger/higher risk projects • Shared Training: inviting some of your contractors to training days – such as working at heights, scissor lift training
Safe Work Method Statements THE HUTCHINS SCHOOL
What is SWMS and when do I need one? • A SWMS is a safety planning tool that must be completed for all high risk construction work before it begins. It; – Identifies the hazards and risks of high risk construction work – Documents the control measures needed to manage those risks From: Workplace Issues March 2016 Edition
When do you need to do a SWMS • For all high risk construction work – see regulation 291 WHS Regs • Includes but not limited to – A risk of a person falling more than 2m – Involves tilt-up or precast concrete – Movement of powered mobile plant – is carried out on or near energised electrical installations or services – Involves or is likely to involve disturbance of asbestos
Generic v site specific SWMS • Generic SWMS, those that have been pre-prepared to address a broad range of hazards • Workplace Issues (March 2016) states that “they are not acceptable unless you do further work to make them site specific” • Make sure if you use or accept them from contractors they are reviewed and revised to make them specific to your school and the work to be done
Some practical points • To test understanding, ask contractors to give you a quick summary of the SWMS; or • Ask contractors what they see as the top 3 risks and how they will control them • Ensure you communicate to contractors any hazards they may need to know about in relation to the work they will undertake; i.e. a wall contains asbestos
A word of advice • Be careful not to tell contractors what to do – they are the specialist & that is why you engaged them. • This does not mean you cannot work with to ensure you are satisfied that reasonable measures are taken to ensure a high standard of WHS
What are your high risk tasks? • Do you know what your high risks tasks are and how well are you managing the risks? • If something was to go wrong now…..on a scale of 1 -5 (5 being totally comfortable) how comfortable are you that your risks controls are defensible?
Our High Risk Tasks • We have permits to work for the following; – Hot Work (e.g. welding, brazing, grinding, soldering etc.) – Working at Height – Roof work – Confined Space Entry – Asbestos Removal – Energised Electrical Work
Recent Cases THE HUTCHINS SCHOOL
First conviction for failing to consult • Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14 • First ever conviction for breach of the ‘concurrent duty holder consultation duty’ under the model work health and safety legislation – section 46 • “if more than one person has a duty in respect of the same matter under this act, each person with a duty, must so far as is reasonably practicable, consult, cooperate and coordinate activities with all other persons who have a duty in relation to the same matter”
First conviction for failing to consult • Decision shows that not for profit (NFP) organisations (in this case Trainee and Apprentice Placement Service Inc) are as much subject to obligations imposed under WHS laws as any other duty holder • Therefore Schools are not exempt
Facts of the case • Trainee and Apprentice Placement Service Inc placed a roofer with a roofing contactor in circumstances which led to him sustaining severe injuries when some guttering came into contact with not only 240 volt powerline but an 11,000 volt powerline as well.
Findings • The JSA audit conducted on the work site was inadequate • There were no safety measures implemented on the site • ‘It was not rocket science that the employer and PCBU could have seen….that the powerlines presented a real and present danger’ • The NFP was convicted for breaching section 46 and fined $12,000 (after a 40% reduction for mitigating circumstances on the appropriate penalty of $20,000) • Factors included; guilty plea, efforts to improve consultation, 70K spent, contrition and support of the injured worker
A few hints and tips THE HUTCHINS SCHOOL
A few hints and tips to finish on • WorkSafe Tasmania offer a free health and safety advisory service for small to medium business (up to 200 workers). • There is a sample Contractor Management Form available on the WorkSafe Tasmania advisors page, along with other sample policies • Audit your system – how do you really know that it is working? Use any ‘negative’ results as feedback and key learnings
A few hints and tips to finish on • Consult, cooperate and coordinate with your contractors - regularly • Acknowledge workers for working safely and doing the right thing
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