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Managing OHS

Outcomes from the OHS in Contractor Management workshops

Outcomes from the OHS in Contractor Management workshops

Comcare conducted the annual National Seminar series throughout March 2009 across Australia with one session providing a workshop for participants to share their challenges, expertise and have the opportunity to develop contacts to assist in managing the OHS of contractors.

Below is a summary of the group activity responses to the scenarios provided during the OHS in Contractor Management workshop. This information will assist in the development and review of current and future guidance provided by Comcare in relation to OHS in contractor management. A number of stakeholders expressed interest in assisting in this process and will be contacted in the coming weeks to confirm participation.

Question 1 - Who has obligations and what are they?

Commonwealth employer:

Duty of care (Section 16 of the OHS Act)
Thorough contract tendering process addressing safety as well as cost
Contract management
Publicise statement of works and contract requirements
Establish communication with contractor
Establish communication with building manager
Provide contractor with training and induction
Distribute equipment and work site specifications for maintenance and repairs
Incident notification (Section 68 OHS Act)
Provide a preferred supplier list
Advise staff of any disruptions/hazards
Educate staff about reporting procedures
Establish emergency procedures
Ensure health and safety executives are in place
Check credentials of contractor (specified in contract)

Building manager:

Contract management
Communicate with Commonwealth employer and contractor
Access the preferred supplier list
Conduct risk assessment
Access to building plans and maintenance log
Inform tenants of scheduled work
Supervise work

Contractor:

Knowledge of contract
Safety awareness in regard to work area
Conduct risk assessment
Competency (appropriate qualifications for work)
Advise building manager of extent of knowledge about system
Not perform work if not aware of system
Communicate any problems/delays
Seek permission for alternative arrangements
Obtain access to relevant documents e.g. building plans
Follow procedures

Senior management, HR manager and OHS personnel:

Duty of care (Section 16 of OHS Act)
Knowledge of contract
Maintain control of the area
Conduct risk management
Report incident to Comcare
Employ qualified contractor
Notify employees of works

Procurement:

Contract management
Communicate contract requirements
Contractor screening
Risk assessment
Communicate any alternative arrangements to agency staff

Contract and work-site supervisors:

Duty of care
Monitor OHS
Provide orientation and check competency
Identify hazards
Safety awareness
Stop work

Employees:

OHS duties (Section 21 of the OHS Act)
Aware of risks
Report incident/faults

State employer/contractor/sub-contractor:

Duty of care
Contract management
Communication of obligations to contractor
Send the right contractor
Conduct risk assessment
Provide training and OHS induction
Provide procedures – contingency plans, notifiable event
Comply with safety standards and procedures outlined in contract
Supervise contractors
Stop work when dangerous

Specialist contractor:

Duty of care
Ensure qualified sub-contractor (actually contractor)
Provide induction to site
Supervise contractor
Report and cease any unsafe work
Risk assessment
Provide maintenance and repair details to Commonwealth employer

Question 2 - What are the key issues?

Serious injury
Understanding of OHS legislation requirements and Australian Standards
Breach of contract
No accountability
Ignorance of safety
Poor communication
Poor contract management
Poor contractor selection
Poor risk assessment and hazard identification
Absence of OHS training and induction to work site for mangers, supervisors and contractors
Poor record keeping and availability of documentation
Lack of knowledge of specialist systems
Absence of internal procedures (reporting, notification, evacuation)
Incompetence of workers
Building faults/incidents
Costs and inconvenience to staff
Lack of supervision
Poor hazard reporting
Poor time management and scheduling of work
No signage
Balancing financial incentives and safety incentives
Agency not exercising right to direct work
Allowing work to continue
Regular OHS inspections and audits

Question 3 - What should have been done?

Clear procedures for contract management
Contract requirements clearly outlined including use of specialist contractor
Engage appropriate contractor
Replacement contractor sought if original contractor unavailable
Safe work procedures communicated and implemented
Work deferred to after hours
Appropriate signage displayed if work completed
Senior management and HR demonstrate control of the area and stop work
Work-site inspection and proper on-site supervision
Regular risk assessments and workplace safety audits and spot checks
Effective communication of respective obligations and contract limits
Communication protocols for alternative arrangements
Communication of contractor knowledge
Thorough induction and training of both building manager and contractor
Incident report submitted
Fault/hazard reporting process in place
Building manager and contractor aware of specifications
Preferred supplier list in place and readily available
Procedures for repair and maintenance log available
Record of previous contractors
Job Safety Environmental Analysis conducted
Employees informed of disruption and early evacuation
Records management and on-site record keeping (manual, scheduled services)
Contractor follow repair procedures
Refer to code of practice
Contingency plans in place
Supervisor and senior management stop dangerous work
No short cuts
Provisional Improvement Notice
Appropriately qualified contractors chosen for work