Definitions
Contractor: a person or business which provides goods or services to another entity under terms specified in a contract or consultancy agreement (verbal or written). This includes people who provide goods or services on a voluntary basis (ie volunteers).
Contractor’s workers: this includes the contractor and their employees as well as any sub-contractors or labour hire personnel and their employees.
High-risk contractor: a contractor who engages in high risk work during the course of their contract.
High-risk work: as defined by Work Health and Safety Regulations 2011, is any work that involves any of the following:
- a risk of a person falling more than 2m
- work carried out on a telecommunication tower
- demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure
- is likely to involve, the disturbance of asbestos
- involves structural alterations or repairs that require temporary support to prevent collapse
- work carried out in or near a confined space
- work carried out in or near:
- a shaft or trench with an excavated depth greater than 1.5m, or
- a tunnel
- involves the use of explosives
- work carried out on or near pressurised gas distribution mains or piping
- work carried out on or near chemical, fuel or refrigerant lines
- work carried out on or near energised electrical installations or services
- work carried out in an area that may have a contaminated or flammable atmosphere
- involves tilt-up or precast concrete
- work carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians
- work carried out in an area at a workplace in which there is any movement of powered mobile plant
- work carried out in an area in which there are artificial extremes of temperature
- work carried out in or near water or other liquid that involves a risk of drowning
- involves diving work
Moderate-risk contractor: a contractor whose work represents a moderate to high risk (as deemed by Company contact person) but is not undertaking any high-risk work—as defined above.
PCBU: person conducting a business or undertaking (The Act s5):
- whether the person conducts the business or undertaking alone or with others; and
- whether or not the business or undertaking is conducted for profit or gain
Principal contractor: a person engaged for a construction project that has been given the authority to manage or control the workplace or part thereof. For the purpose of the project the principal contractor is considered the PCBU for the workplace under their control until the work is completed.
Company contact person: a Company staff member who engages a contractor (or their nominated representative) and is responsible for overseeing the work of that contractor.
The Act: The Workplace Health and Safety Act 2011
Company: All campuses and learning nodes
Volunteer: a person who works for Company without payment or financial reward.
WHS: work, health and safety
Additional terms are outlined in the glossary of terms for policy and procedures.
Introduction
Under the Work, Health and Safety Act 2011, Company has a responsibility to ensure the health and safety of contractors whilst they are working at or for Company, as far as is reasonably practicable. Whilst working at or for Company, contractors are exposed to existing hazards and, by the nature of their work, may be introducing additional hazards that can potentially expose them and/or others to health and safety risks. To ensure that Company is fulfilling its duty or care to workers (which includes contractors) and others who may be impacted by Company activities, Company has an obligation to ensure that all contractors:
- are appropriately selected to undertake the work they are engaged for (eg. qualified, licensed, competent, experienced etc)
- are inducted to Company (relevant training, policies and procedures, site hazards etc.)
- have appropriate risk assessments, safe operating procedures, safe work method statements etc., as they pertain to the work they will be undertaking
- are supervised or monitored, to ensure that they are working in accordance with above
Purpose
The purpose of the guideline is to provide information and resources that enable Company to fulfil its health and safety duty of care to contractors and to any person/s that may be impacted by contractors engaged to undertake work at or for Company.
It is also intended to inform contractors working at or for Company of their obligations under the Work Health and Safety Act.
To achieve this purpose there are supporting documents to be used in conjunction with this guideline:
- Company Contact Person Checklist
- Company Contact Person Q & A
- ‘Company Low-Risk Contractor Package’:
- Company Low-Risk Contractor Induction Guide
- Company Low-Risk Contractor Health and Safety Checklist
- ‘Company Moderate and/or High-Risk Contractor Package’:
- Company Moderate and High-Risk Contractor Induction Guide
- Company Moderate and High-Risk Contractor Health and Safety Checklist
Scope
All staff, students, volunteers and contractors at Company must simply with this guideline when engaging contractors to undertake work at or for Company or when contracted to undertake work at or for Company.
Contractor classification
Contractors will be classified according to the level of risk associated with the work they will be undertaking at or for Company, to ensure that they receive appropriate health and safety information.
The three groups are:
- Low-risk contractors
- Moderate-risk contractors
- High-risk contractors
Safety breaches
Company treats instances of health and safety breaches very seriously. If at any time a contractor or one of their workers is observed by a Company employee to be acting unsafely, the contractor will be instructed to suspend their work and take immediate action to rectify the situation. If repeated health and safety breaches are observed, this may be considered a breach of the contract and the contractor may be instructed to leave the site.
Examples of health and safety breaches include (but are not limited to):
- failure to wear PPE
- incorrect handling of hazardous materials
- inappropriate or inadequate barricades, hoarding or fencing
- any work that is not in accordance with the contractor’s risk assessments
Responsibilities
Executive staff of Company
Senior staff have an overarching responsibility for ensuring the health and safety of workers (including contractors), students and other persons in Company workplaces, and/or associated with the undertaking of Company activities.
Managers and supervisors
Managers and supervisors have a responsibility to know their statutory obligations regarding work in their area that is being undertaken by contractors.
Contractors
A contractor must, so far as is reasonably practical provide and maintain a working environment in which people are not exposed to hazards.
To achieve this, a contractor must work in accordance with:
- WHS legislation, Codes of Practices and relevant Australian Standards
- Company policies procedures and guidelines relevant to the work they are undertaking
- ”Company Contractor Induction Guide’ and associated documents
The Company contact person
The Company staff member who engages the services of a contractor to undertake work at or for Company becomes the Company contact person for that contractor and has the responsibility to:
- select contractors on the basis of their commitment and competence in WHS issues, as well as their suitability undertaking the required work
- determine contractor classification
- ensure that this guideline is adhered to, as far as is reasonably practicable
Company Human Resources (HR) Health Safety and Wellbeing
Company HR Health Safety and Wellbeing, are to provide advice and guidance to assist Company personnel to adhere to this guideline.
Contractor management
Engaging a Contractor
The Company staff member who engages the services of a contractor becomes the Company contact person and is hence responsible for not only engaging an appropriate contractor but for overseeing the work of that contractor.
Classifying a Contractor
The Company contact person is required to classify the contractor and provide them with information appropriate to their classification and the work they are to undertake. Assistance with contractor classification can be obtained from HR.
Information to be sent to a contractor
Once the contractor has been classified the Company contact person is required to send the contractor the appropriate contractor package and any additional information that may be required. Eg. Company policies, procedures and guidelines that may apply to the work they will be undertaking at Company, information on parking, contractor induction requirements, the requirement to submit risk assessments and/or other safety documents etc. Please refer to the ‘Company Contact Person Checklist and Q&A’ for details.
Information received from a contractor
The contractor is required to submit safety documents, including necessary qualifications and licences, as per the instruction provided by their Company contact person. The Company contact person is required to ensure that the contractor documentation is appropriate before the contractor is to commence work at Company.
Commencing contract work at Company
- Prior to commencing work at Company, all contractors and their workers (including any sub-contractors or labour hire personnel and their employees) must complete Company’s online contractor induction training prior to commencing any work at Company. There are no exceptions. If the work is urgent and the contractor has not been able to complete the induction prior to arrival at Company, the Company contact person must make arrangements for the contractor to complete the online induction, prior to commencing contracted work.
- If the work is urgent and outside of Company business hours, the Company contact person or the emergency on call person for Company must ensure that the contractor completes the online induction, prior to commencing contracted work.
- It is the Company contact person’s responsibility to inform contractors of this requirement and give them information regarding how to access the appropriate training. It is the Company contact person’s responsibility to ensure that the induction training has been successfully completed prior to commencement of contracted work.
- The Company contractor induction guides stipulate check in and out procedures for contractors. This can also be clarified with the Company contact person.
Site induction
Company contractors require a site induction when they arrive on site, prior to commencing contracted work. This must be arranged by the Company contact person and include:
- location specific emergency procedures (eg exit routes and specific emergency evacuation assembly point)
- location of amenities
- information regarding any area specific hazards and/or requirements
Monitor and review of contractor work
- The Company contact person is required to monitor the work of the contractor while they are undertaking work at, or for Company. Any observed breaches or complaints regarding contractor work and/or conduct, are to be dealt with by the Company contact person (as per Section 6).
- The Company HR HSW and Asset Management Services may also randomly audit contractors to ensure that the requirements of their contract are being met and that they are working in accordance with their health and safety responsibilities.