GUEST BLOG: Contractors and Safety

31 May GUEST BLOG: Contractors and Safety

It is often a tricky question in trying to determine your work health and safety (WHS) obligations when dealing with contractors and subcontractors. There are many questions around who holds responsibility for discharging overarching duties of care or fulfilling more specific requirements like registering items of plant or preparing risk assessments. 

Below are some pointers:

1. Understand your role as a PCBU

A ‘Person Conducting a Business or Undertaking (PCBU)’ is the general term used in WHS laws to refer to an employer or business.

It is important to understand that, when engaging a contractor, they will be a PCBU in their own right and it is highly likely that you will both retain a level of responsibility to ensure the safety of contractors engaged to undertake work on your behalf.

2. Review a contractor’s ability to undertake work

There are many examples where contractors are engaged because of their specialist knowledge or expertise. In these instances, you will need to rely on their advice as to how to undertake the work safely. 

However, you must be aware that you will still have a duty of care to ensure that the contractors have the appropriate training and qualifications to undertake the work safely. You should review what skill levels are required for the task you are engaging them for, and document evidence of their qualifications. 

3. Plan the work in collaboration with your contractors

One of the most aspects of the WHS laws is that all PCBUs have duties to provide and maintain safe plant, structures, and work environments without risks to health and safety. It is your role to carefully review your site and provide a safe area for contractors to work in, but you will then also have a responsibility to understand how the contractor may impact on your site and support them accordingly to minimise risks to everyone’s health and safety.

An example of this is understanding exactly what equipment the contractor requires and reviewing whether additional coordination is required amongst other people at the work site. Conversely, if you are requesting work on one of your items of plant, you will need to check that the contractor has all the information they need to work on it safely. 

  4. Be clear about the contractual obligations involved in fulfilling the requirements under the WHS laws

While we noted above that primary duties of care cannot be transferred, it is important to understand who is responsible for complying with the technical requirements set out under the WHS laws. This may include who is maintaining the safety data sheets for chemicals, registering items of plant or preparing safety management plans. 

There are many examples where these types of requirements are not required to be duplicated, but you will still have a duty to ensure any contractors operating on your behalf are compliant. We recommend that all applicable requirements should be clearly documented and checked prior to commencing any work. 

5. Induct contractors onto your work site

All contractors should be inducted in person and provided with the chance to review the areas where they will be working. This should also cover the facilities or amenities on site, traffic considerations for the day and the emergency procedures. 

6. Ask whether the contractors have any concern about the work they will be undertaking

It is important to ensure there is two-way communication when confirming any work on your site. You should confirm their plan for completing the work and check whether any additional support could be provided. This may include protective equipment, traffic management assistance for other workers on site or information on the plant they will be operating on or around. 

Allan & Hurst are pleased to offer a Free Contractor Induction Checklist for download from our store to assist you in managing your obligations.

Feel free to reach out to us at A&H Risk for simple, obligation free advice on how we can improve safety practices at your business.