A Practical approach to Contractor Safety Management

Let’s start with some basic principles and also dispel some common contractor safety management myths. 

Basic Principles of Contractor Management: 

1. Where you engage an independent contractor to perform work on your behalf, you will always retain your own duties under the OHS/WHS Act and Regulations. 

2. The nature and extent of what you will need to do to comply with those duties will depend upon the level of control that you have over the contracted work. 

3. The Primary duty imposed under OHS/WHS legislation requires you as an Employer, to take all reasonably practicable steps to protect the health and safety of your employees, contractors and people. 

4. If you have experience or demonstrated capability in the contracted works (e.g. if you are an Arborist hiring a Contractor to perform the same work), you are expected to know how to safely perform those tasks, including the most appropriate risk controls and procedures. 

Myths: 

1. “We are covered if we ask the contractor to provide mountains of safety documentation as evidence of appropriate levels of safety systems.” 

While we do want to ensure that our contractors have appropriate systems in place, requesting mountains of documentation often provides little value and is not truly representative of that organisations safety performance.  

You can buy entire volumes of OHS manuals, SWMS and procedures online with the click of a button these days. Often, these documents sit in folders/online and are seldom used or communicated to works. 

2. “We are not responsible for the safety of Contractors.” 

Unfortunately, it’s not that simple. If you have a level of control over the activity, your OHS duties extend to Contractors working in that environment.  

Contractor Safety Management Case Study:

An example of this is provided in the case of Director of Public Prosecutions v Roads Corporation (trading as VicRoads).  Where sadly a Worker was killed when he was struck by a reversing Street Sweeper. 

In this case, VicRoads was the Client with Downer EDI Works (Downer) appointed as Principal Contractor for the delivery of road resurfacing works. Downer had control of the workplace including a responsibility for the health and safety of the employees, subject to the supervision of Vic Roads. 

VicRoads had the authority to stop works at the start if there was imminent danger to safety on the site. 

On 30 November 2011, shortly before the fatality, imminent danger to safety arose when a works supervisor was clipped on the shoulder by the street sweeper vehicle. It was noted that the street sweeper was repeatedly driven in a manner which was unsafe and without warning breached exclusion zones relating to persons vehicles and passing traffic. 

Despite not having Control of the Worksite, it was found that it was reasonably practicable for VicRoads to: 

1. Ensure that a risk assessment was undertaken or arranged by Downer EDI, as part of the Traffic Management Plan approval process, that identified the risk of collision between mobile plant and pedestrian workers who were moving bollards to ensure compliance with the Traffic Management Plan set up, and identified measures to reduce or eliminate that risk. 

2. Ensure that the representative for VicRoads had the capacity in accordance with its supervisory authority, to shut down works on the site by immediate communication by two-way radio or with representatives from Downer when there was a danger to health or safety of employees on the site. 

Long Story Short – VicRoads had a level of ‘Control’ over how works were to be performed and did not do everything reasonably practicable to ensure those works were safely performed. 

With the above in mind, it is clear the Contractor Safety Management is a complex topic. One size does not fit all and Contractor Management Procedures need to be developed taking into consideration the specific needs of your organisation. 

Build a Contractor Management Framework aligned with your Business Operations:

1. Review and define the types of contractual arrangements you engage in. e.g. Engagement of a Principal Contractor/s, Direct engagement etc. 

2. Determine the ‘level of risk’ associated with the contracted works. This doesn’t have to be a detailed risk assessment, but you need to consider the scope of work i.e. if the works involve High Risk Construction Work. 

3. Define in writing, who will have ‘Control’ over the contracted works and associated risks noting that you are likely to always have a level of control over certain risks. 

4. Focus on engaging appropriately skilled and qualified contractors, and onboarding them. Ensure they understand the key risks and your expectations. 

5. Ensure you have robust contracts in place, agreed and signed by both parties, with comprehensive and appropriate HSEQ provisions. 

6. You should verify the safety documentations (e.g. SWMS, risk assessments), when you are satisfied that you have a skilled and qualified contractor. It is not your role to review and approve these documents. By doing so, you are taking on greater risk exposure. 

7. Where you retain some control over the work being done, it may be appropriate to take a more active role, such as reviewing the contractors’ safety documentation, highlighting any deficiencies, and increasing supervision. 

8. Implement an agreed audit or inspection schedule with your Contractors.This should be based upon the scope of work, associated level of risk and with due consideration of who has control over the works. 

9. Evaluate Contractor performance at the conclusion of the works. It’s best to avoid bringing back a Contractor who has not met your OHS management expectations. 

Contact Us at Action OHS Consulting today to develop an appropriate Contractor Management Process aligned with your needs.