However, following discussions between the subcontractor, Workcover and the relevant union, it was decided to allow it to finish the job on the basis that a revised SWMS was prepared. It was also decided that an employee of the subcontractor would be on site at all times to supervise the dismantling of the scaffolding and ensure as far as possible that the revised SWMS was followed.
Up until this point, supervisors from the subcontractor had only dropped in to visit the site from time to time between other jobs. As this case demonstrates, contractor management impacts not only on your statutory obligations, but also on the scope and content of your common law obligations. The relationship between a principal and their contractor is relevant to determining what is reasonably practicable to ensure safety.
Principals and contractors need to discharge their obligations in the context of that relationship. There are many things to consider when managing contractors. In particular, when engaging contractors, principals should exercise due diligence and ensure the contractor has sufficient skills, expertise and resources to carry out the contract safely. If concerns arise about the competence of the contractor or their safety record, principals need to act promptly and proactively.
However, there also needs to be careful consideration of the implications of any actions taken. Supervisor obligations Supervisors have specific obligations under the OHS Act, toward the employees under their supervision and direction. They must:. What does competently supervised mean?
In these cases, both the employer and the supervisor must confirm that the employees have been acquainted, informed and instructed, as outlined above, to ensure their health and safety. What does sufficiently supervised mean? Providing adequate supervision can involve spending time on the shop floor, management by walking around, observations, the use of checklists, job shadowing or other methods such as temporarily delegating authority to an experienced employee if other work demands prevent the supervisor from being present during a specific project.
Please keep in mind that Section As such, there can only be one employer actually providing day-to-day supervision under OSHA's recordkeeping regulation. In other words, for purposes of OSHA recordkeeping, there cannot be joint day-to-day supervision of temporary workers.
Also, the determination regarding which entity must record the injuries and illnesses of temporary workers must be based on the actual facts concerning day-to-day supervision at the worksite. This means that the entity that actually provides day-to-day supervision is responsible for recording cases on the OSHA Log regardless of the wording of the parties' contractual arrangements.
We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Also, from time to time we update our guidance in responses to new information. Identify hazards that are the responsibility of the prime contractor and inform employers and self-employed persons about them.
Make reasonably sure employers and self-employed people have adequate and appropriate occupational health and safety policies and procedures, safe work practices and equipment, as well as competent and informed workers. Prepare a written plan that: Explains how they will coordinate activities at the worksite that may affect the health and safety of the workers.
Identifies the name and the method of contacting the competent person overseeing the worksite for the prime contractor. Identifies the employers and supervisors at the worksite. Deliver a copy of the written plan to all employers and self-employed persons before any work begins. Cooperate with all people performing duties related to legal compliance. Ensure employers or self-employed people at the worksite eliminate the identified hazards when reasonably possible before work begins and after activities or operations have begun.
When the hazard cannot be eliminated ensure employers and self-employed people at a worksite reduce or control risks before work begins and after activities or operations have begun. Supervisors shall: Take every reasonable precaution to protect the health and safety of workers and sufficiently supervise workers under their direct supervision and direction.
Understand and comply with all relevant occupational health and safety law and ensure that the workers under their direction also comply. Cooperate with other parties in dealing with occupational health and safety law. Make sure workers, under their direct supervision and direction, do not experience harassment in the workplace.
Understand and implement emergency procedures required by occupational health and safety law. Understand and practice the safe handling, use, storage, production and disposal of chemical and biological substances.
Understand which personal protective equipment is necessary and ensure all required equipment is provided to workers and used properly. As a worker you shall: Understand and comply with occupational health and safety law. Work safely and take care to protect the health and safety of others that may be affected by their work.
Refrain from causing or participating in the harassment of another worker. Immediately report to the employer or supervisor all equipment you know or have reason to believe is unsafe. Repair equipment that is unsafe if authorized and competent to do so.
As a self-employed person you shall: Work in compliance with all occupational health and safety laws. Every owner shall: Take every reasonable precaution to protect the safety of any contractor, employer, worker or self-employed person who works in or on the plant under their control.
Regularly review the plants under your control to ensure, the plant is reasonably capable of withstanding any likely stress, can safely perform the required functions. Take immediate steps to protect any worker whose health and safety may be at risk due to an unsafe condition at plants under their control.
Correct any unsafe conditions found in plants under their control. Provide this information to every contractor, every employer and every self-employed person who works at a plant owned by the owner.
Allow and facilitate workplace inspections by the occupational health committee member or representative. These inspections should be done at reasonable intervals with a schedule determined in consultation with the committee or the representative and employer. After written notice of an unsafe condition or a violation of occupational health and safety law: take immediate steps to protect the health and safety of workers at risk until the unsafe condition is corrected or the contravention is remedied; adequately correct unsafe conditions or remedy the legal contravention soon as possible; and give written notice to the committee or the representative of all actions taken in response, related forthcoming plans or the reasons for not taking action.
Investigate a dangerous occurrence as soon as reasonably possible. If there is neither a committee nor a representative, owners are directly responsible for investigating. Designate the owner or another person as the prime contractor for worksites operating in the construction, forestry or oil and gas industries with 10 or more workers or self-employed people under the direction of two or more employers. Construction of or renovation to residential buildings with fewer than four units are excluded from this requirement.
Suppliers must: Take every reasonable precaution to make sure all biological or chemical substances and any equipment comply with all relevant regulations and are safe when used according to the provided supplier instructions.
When required provide written instruction respecting the safe use of equipment that is supplied by the supplier to be used in or at a place of employment by workers. When relevant, provide notice if equipment supplied does not or probably will not comply with a prescribed standard when it is used in the workplace.
Take every reasonable precaution, if under a leasing agreement to maintain equipment upkeep, to ensure the supplied equipment is in a safe condition and complies with all relevant regulations and orders.
Follow all relevant health and safety legislation. Provide written instructions and this information to every employer the supplier supplies these items to. Source: www. Section General duties of employer Section General duties of supervisors Section General duties of workers Every worker while at work shall: a take reasonable care to protect his or her health and safety and the health and safety of other workers who may be affected by his or her acts or omissions; b refrain from causing or participating in the harassment of another worker; c cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part; and d comply with this Part and the regulations made pursuant to this Part.
Section General duties of self-employed persons Every self-employed person shall: a conduct his or her undertaking in such a way as to ensure, insofar as is reasonably practicable, that the self-employed person and workers employed on or about the same place of employment who may be affected by the undertaking are not thereby exposed to risks to their health and safety; b cooperate with any other person exercising a duty imposed by this Part or the regulations made pursuant to this Part; and c comply with this Part and the regulations made pursuant to this Part.
Section General duties of contractors Section General duties of owners Every owner of any plant used as a place of employment shall: a ensure, insofar as is reasonably practicable, that any area of the plant or activity occurring in or on an area of the plant that is not in the direct and complete control of any contractor, employer or self-employed person who works or employs one or more workers who work in or on the plant: i is maintained or is carried on in compliance with this Part and the regulations made pursuant to this Part; and ii does not endanger the health or safety of any contractor, employer, worker or self-employed person who works in or on the plant; and b comply with this Part and the regulations made pursuant to this Part.
Section Duty to provide information Section Duty to provide occupational health and safety programs Section Duty re policy statement on violence and prevention plan Occupational Health and Safety Regulations, S.
The duties of an employer at a place of employment include: a the provision and maintenance of plant, systems of work and working environments that ensure, as far as is reasonably practicable, the health, safety and welfare at work of the employer's workers; b arrangements for the use, handling, storage and transport of articles and substances in a manner that protects the health and safety of workers; c the provision of any information, instruction, training and supervision that is necessary to protect the health and safety of workers at work; and d the provision and maintenance of a safe means of entrance to and exit from the place of employment and all worksites and work-related areas in or on the place of employment.
Section 15 Duty of employer or contractor to provide information An employer or contractor shall: a make readily available for reference by workers a copy of: i the Act; ii any regulations made pursuant to the Act that apply to the place of employment or to any work done there; and iii any standards adopted in the regulations that address work practices or procedures and that apply to the place of employment or to any work done there; and b where the information mentioned in clause a or insection 9 of the Act will be posted, provide a suitable bulletin board to be used primarily to post information on health and safety related to the place of employment.
Section 16 Duty of contractor to inform Section 17 Supervision of work Section 18 Duty to inform workers An employer shall ensure that each worker: a is informed of the provisions of the Act and any regulations pursuant to the Act that apply to the worker's work at the place of employment; and b complies with the Act and those regulations.
Section 19 Training of workers Section 20 Workers' contacts with officers Section 21 Biological monitoring Section 22 Occupational health and safety program Section 23 Examination of plant An employer, contractor or owner shall: a arrange for the regular examination of any plant under the control of the employer or owner to ensure, to the extent that is reasonably practicable, that the plant is capable of: i withstanding the stress likely to be imposed on the plant; and ii safely performing the functions for which the plant is used; and b as soon as is reasonably practicable, correct any unsafe condition found in the plant and take immediate steps to protect the health and safety of any worker who may be at risk until the unsafe condition is corrected.
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