Protocol: Contractor Management

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1 Human Resurces: Health, Safety & Wellbeing Prtcl: Cntractr Management Last Mdified: September 2014 Review Date: March2015 Apprved By: Sharn Butt, Health & Safety Manager Cntact: Health & Safety Team Table f Cntents Intrductin... 1 Definitins... 2 Respnsibilities... 4 Cntractr/Sub-cntractr Health and Safety Cnsideratins... 6 Reprting Related infrmatin Further infrmatin Intrductin Health and Safety in Emplyment Act 1992 The Health and Safety in Emplyment Act 1992 requires, amngst ther matters, fr emplyers, principals and persns in cntrl f a place f wrk t(in general): prvide and maintain a safe Place f Wrk ensure emplyees, Cntractrs, Sub-cntractrs (and thers) are nt expsed t hazards arising in r near a place f wrk under the emplyers/principals/persn in cntrl s jurisdictin develp prcedures fr dealing with emergencies that may arise while emplyees, Cntractrs, Sub-cntractrs (r thers) are at wrk. The University f Canterbury (University) has a duty f care and respnsibility t ensure that Cntractrs/Sub-cntractrs and their emplyees are nt harmed, nr cause harm t thers while ding the wrk they are engaged t d at its Place f Wrk. The University will meet this respnsibility by ensuring the Cntractr/Subcntractr cmplies with the relevant University s health and safety prtcls, prcesses and prcedures. Purpse The purpse f this prtcl is t utline the minimum health and safety requirements fr Cntractrs, Sub-cntractrs and self-emplyed peple while they perfrm wrk n University premises. Human Resurces hs_pr08 Page 1 f 12

2 Definitins Cntractr Means a persn engaged by any ther persn (therwise than as an emplyee) t d any wrk fr gain r reward. The gain r reward des nt need t be mnetary; it can be payment in kind r an exchange f services. Nr des the cntract have t be in writing. University Cntract Manager/ Cntractr Liaisn The University Cntract Manager is likely t be a University Prject Manager, Engineering Services Manager, r a University Cntractr Liaisn staff member, The Prject Office Engineer (TPO), r a relevant specialist. A Departmental Cntractr Liaisn is a staff member appinted by the Manager/Head t induct Cntractrs/Sub-cntractrs int the department Event Any accident, incident, near miss, injury, illness, harm, Serius Harm, mishap, r a feeling f pain and discmfrt that ccurs in a place f wrk invlving an emplyee, visitr, student, Cntractr/Subcntractr, vlunteer r persn undertaking wrk experience. Ntifiable Wrk A emplyer r a persn wh cntrls a place f wrk must take steps t ldge ntice t Wrksafe NZ, any restricted wrk as defined in regulatin 2 and 26 f The Health and Safety in Emplyment Regulatins 1995, eg (but nt limited t); Scafflding Restricted wrk invlving Asbests Excavatins Wrk ver 5 metres Demlitin Ntificatin f Particular Hazardus Wrk A frm used t ntify Wrksafe NZ f particular hazardus wrk. Ntificatin t Wrksafe NZ must be cmpleted 24 hurs prir t cmmencement f the wrk. Persn in Cntrl f Wrk The wner, lessee, sub lessee, ccupier, r persn in pssessin, f a Place f Wrk, r f plant at the Place f Wrk. Place f Wrk Means where any persn is t wrk, is wrking, fr the time being wrks, r custmarily wrks fr gain r reward frm the University, including vehicles. Principal Means any persn (either an individual r crprate entity) wh engages anther (therwise than as an emplyee) t d any wrk fr gain r reward. Human Resurces hs_pr08 Page 2 f 12

3 Serius Harm Serius Harm means; a. death b. any f the fllwing cnditins that amunts t r results in permanent lss f bdily functin, r the temprary severe lss f bdily functin; respiratry disease, nise-induced hearing lss, neurlgical disease, cancer, dermatlgical disease, cmmunicable disease, musculskeletal disease, illness caused by expsure t infected material, decmpressin sickness, pisning, visin impairment, chemical r htmetal burn f eye, penetrating wund f eye, bne fracture, laceratin, crushing c. amputatin f bdy part; d. burns requiring referral t a specialist registered medical practitiner r specialist utpatient clinic; e. lss f cnsciusness frm lack f xygen; f. lss f cnsciusness, r acute illness requiring treatment by a registered medical practitiner, frm absrptin, inhalatin, r ingestin, f any substance; g. any harm that caused the persn harmed t be hspitalised fr a perid f 48 hurs r mre cmmencing within 7 days f harm ccurrence. Sub-cntractr Means a persn engaged by a Cntractr (therwise than as an emplyee) t d any wrk fr gain r reward. The gain r reward des nt need t be mnetary; it can be payment in kind r an exchange f services. Nr des the cntract have t be in writing. Human Resurces hs_pr08 Page 3 f 12

4 Respnsibilities University Cntract Manager/ Cntractr Liaisn As a Principal, the University Cntract Manager, Capital Wrks Prject Manager, Engineering Services Manager, TPO Engineer, Cntractr Liaisn shall: Fllw the University Prcurement Prcedures fr engaging Cntractrs/Sub-cntractrs. Ensure the Cntractr/Sub-cntractr meets the minimum requirements fr health and safety management prir t engaging the Cntractr. Cmmunicate t the Cntractr/Sub-cntractr relevant University plicies and rules, knwn hazards that may affect the Cntractr/Sub-cntractr and assciated cntrls, permit prcedures, emergencies prcedures, event reprting and specific jb instructins and wrk methds. Cntractr/Subcntractr The Cntractr/Sub-cntractr shall: Meet the minimum requirements fr Health and Safety management prir t cntract agreement by prviding: a Health and Safety Plan, including hw health and safety will be managed fr this particular jb infrmatin n hw hazards that the Cntractr/Subcntractr is bringing n t r may create n the site will be managed training and supervisin t wn emplyees and ensuring Sub-cntractrs are suitably qualified inductin fr wn emplyees and Sub-cntractrs, inclusive f prcedures t instruct and ensure understanding f infrmatin r training prvided t emplyees/sub-cntractrs when English is nt cmmnly understd r spken prvide a mnthly KPI reprt t their University Cntact and Health and Safety Manger fr review and discussin cperate with the University Incident Management Team and prcesses Cntractrs engaged t wrk at the University f Canterbury whse tasks are assciated with Asbests are identified and dcumented. These shall cver; capacity t assign, plan, cntrl, delegate assess and review safe wrk asbests prcedures including the University f Canterbury Prtcls be certified as a cmpetent asbests remver with WrkSafe New Zealand Human Resurces hs_pr08 Page 4 f 12

5 prvide a site specific safety plan including, safe wrk prcedures, crrect wearing and general maintenance f all prtective equipment (PPE) and respiratry prtective equipment (RPE), emergency respnse and reprting measures and the crrect decntaminatin prcedure the issue and receipt f the identificatin f the presence f asbests ensure all accident, incident, near miss, injury, illness, harm, Serius Harm, are reprted t Cntract Manager/Cntact r Departmental Cntractr Liaisn Cmply with the relevant University plicies, prtcls and rules University Cntract Manager/ Cntractr Liaisn The Cntract Manager/Departmental Cntractr Liaisn shall: Cmplete a health and safety inductin with the Cntractr/Sub-cntractr t cmmunicate relevant University plicies, prtcls, rules, knwn hazards that may affect the Cntractr/Sub-cntractr and assciated cntrls, permit prcedures, emergency prcedures, event reprting and specific jb instructins and wrk methds Mnitr the Cntractr s/sub-cntractr s health and safety prcedures and safe wrk practices at apprpriate intervals On cmpletin f the cntract, evaluate the Cntractr s/subcntractr s health and safety management against the minimum requirements Human Resurces hs_pr08 Page 5 f 12

6 Cntractr/Sub-cntractr Health and Safety Cnsideratins Cntractr/Subcntractr Selectin The University will engage Cntractrs/Sub-cntractrs that: meet the University pre-qualificatin Health and Safety Management minimum requirements have a prven health and safety recrd are able t prvide evidence that they cmply with the Health and Safety in Emplyment Act 1992 and subsequent amendments, and demnstrate current best practice in health and safety Cntractrs/Sub-cntractrs must meet the criteria fr apprved status thrugh the prcurement tendering prcess r as a preferred Cntractr/Supplier with a University Agreement and/r Standard Terms and Cnditins. Cntractr/Subcntractr Inductins All Cntractrs will underg a University Cntractr and wrksite inductin t be prvided by the appinted University Cntract Manager/Cntact r Departmental Liaisn befre any wrk starts. A recrd f Cntractr inductin will be cmpleted fr all Cntractrs/Subcntractrs and maintained n file by the University and the Main Cntractr. Cntractrs/Sub-cntractrs may be required t prvide dcumentary evidence f cmpleted inductins fr each f their emplyees/sub-cntractrs n an individual basis. Special requirements/ precautins Any specific requirements r precautins relating t the perfrmance f the wrk may be cmmunicated t Cntractrs/Sub-cntractrs as part f the prcurement tendering prcess, University Agreement and/r Standard Terms and Cnditins, during inductin, r during the curse f the wrk cntracted t be cmpleted. These requirements frm part f the University cntractual requirements and must be addressed by the Cntractr/Sub-cntractrs with all their emplyees and Sub-cntractrs. This may relate t restrictins n the nature f the wrk t be certain times f day, and ther pssible disruptins t the University s business. Health and Safety Management Plans All Cntractrs/Sub-cntractrs are required t submit evidence f their health and safety management prcesses (plans) prir t the cmmencement f wrk. Where wrk is allcated as a cnsequence f a prcurement tendering prcess r renewal f Agreement and Standard Terms and Cnditins, health and safety management plans are required t be submitted as part f the prcess dcumentatin. Health and safety management plans shuld demnstrate a clear understanding f, and cmpliance with the Health and Safety in Emplyment Act 1992, relevant Regulatins and subsequent amendments, plus industry relevant Cdes f Practice, Wrksafe Guidelines and Factsheets. A University representative may ask fr evidence that the key requirements are wrking effectively and that hazard management is in place in respect f the wrk being undertaken at any time. Human Resurces hs_pr08 Page 6 f 12

7 Cmpliance Situatins may arise where a Cntractr/Sub-cntractr will be the Persn in Cntrl f a Place f Wrk within the University buildings r grunds. The University expects and requires all Cntractrs/Sub-cntractrs t diligently fulfil all legal and cntractual bligatins under the Health and Safety in Emplyment Act 1992 including subsequent amendments and Regulatins, Cdes f Practice, Wrksafe Guidelines and Factsheets, the Building Act 2004, Resurce Cnsents, applicable current standards f best practice, and the prvisins f applicable University health and safety plicies and prcedures. Cntractrs/Sub-cntractrs will be respnsible fr cnsulting with their emplyees n matters f health and safety and maintaining the necessary standards f cnduct by its emplyees. Cntractrs will be respnsible fr ensuring their Sub-cntractrs and suppliers maintain the same standards while engaged in wrk n ur premises. Individual Cntractr s and Sub-cntractrs, plus their respective emplyees, will be required t practice safe wrking habits including, but nt limited t: bserving all safety instructins and rules fllwing safe wrk practices and the best applicable standard including permits t wrk using all persnal prtective equipment that is required reprting t their Supervisr any hazardus wrking cnditin reprting t their Supervisr any events that may ccur in the curse f their wrk n the University s premises. The requirements in cntractual agreements, whether written r verbal, and directins that may be given during the curse f wrk are in additin t the applicable statutry requirements. Site rules Site rules cvering Cntractr/Sub-cntractr perfrmance requirements utside the immediate jb specificatins will be discussed with Cntractrs/Sub-cntractrs during inductins. Requirements cvering such tpics as access, smking, radis, use f University facilities, harassment, husekeeping, waste dispsal, vehicle parking, strage, drugs and alchl, security etc will be cvered in inductins. Nise shuld nt exceed the wrkplace expsure limits set by Wrkplace NZ. The University is in use all year rund fr Teaching and Research therefre the cntractr may be required t reschedule wrk r take special measures t cntrl any nise that may be prduced. This shall be discussed with the University Cntract Prject Manager The University will nt be respnsible fr any lss r damage that might be incurred by the Cntractr/Sub-cntractr while n University premises, including private vehicles and/r persnal effects. The University s Health and Safety Manager, in cnsultatin with Learning Resurces r their delegate, has the full authrity t require the cessatin f wrk and/r the remval f individuals r cmpanies frm the premises in situatins where this Prtcl is nt being bserved r where general statutry requirements are nt being met. Human Resurces hs_pr08 Page 7 f 12

8 Signing in All Cntractrs/Sub-cntractrs are required t sign in either at Security r at Engineering Services. Alternative sign-in prcedures may be determined fr specific prjects, e.g. a large cnstructin site. Safety inspectins and perfrmance mnitring University Engineering Services staff members, the Health and Safety Team, University Cntract Prject Managers and an External Auditr nminated by University may carry ut peridic inspectins and audits f Cntractr/Sub-cntractr health and safety perfrmance n the jb. Dcumentatin f these inspectins will be cmpleted tgether with a descriptin f any remedial actin t be taken t crrect deficiencies. The University reserves the right t deny access t any persn wh fails t cmply with acceptable standards f health and safety r any directin given. All University emplyees are encuraged t reprt any perceived unsatisfactry behaviur/practices f Cntractrs/Sub-cntractrs t Engineering Services staff, Prject Managers, TPO Engineer members r the Health and Safety Manager. Satisfactry perfrmance reprts are a pre-requisite fr future engagement as a preferred Cntractr. Befre a Cntractr is remved frm the preferred Cntractr list, they will be given the pprtunity t remedy any shrt falls in the University requirements, unless it has been determined by the University that serius nn-cnfrmance has ccurred. Hazard identificatin & reprting Hazards identified by Cntractrs/Sub-cntractrs in the curse f their wrk fr the University are t be dealt with in accrdance with their hazard management prcedures. Where the ability r respnsibility t cntrl the hazard des nt lie with the Cntractr/Sub-cntractr the hazard is t be reprted t the University cntact respnsible fr the area where the Cntractr/Sub-cntractr is wrking. First aid supplies and services Each Cntractr/Sub-cntractr n University premises will maintain, in gd cnditin, adequate supplies f first aid materials and equipment that are accessible t their emplyees. Each Cntractr/Sub-cntractr will ensure that at least ne persn hlds a current first aid certificate including New Zealand Qualificatin Authrity Standards 6400 Manage first aid in emergency situatins, 6401 Prvide first aid, 6402 Prvide resuscitatin. In the case where there are multiple Cntractrs/Sub-cntractrs n site, the main Cntractr shuld ensure there are sufficient facilities and first aid trained persnnel. Human Resurces hs_pr08 Page 8 f 12

9 Emergency Prcedures Cntractrs/Sub-cntractrs are required t respnd t all emergencies arising in accrdance with the respnse prcedures cmmunicated at their inductin. This requirement includes participatin in practice emergency drills in the area which they are wrking. Cntractrs/Sub-cntractrs are required t adhere t the University s Emergency Management Plicy and Plan and will agree t take directin frm the Incident Management Team during a critical incident at the University. This prcess may include any wrk area f the Cntractr / Sub-cntractr. It may als include, but nt be limited t critical prperty equipment r infrastructure damage, serius harm, hazardus substance spill/expsure, bilgical r health hazard release/expsure, critical weather events, acts f vilence, terrrism r criminal activity. Critical Incident Dependant n the situatin it may be determined that a high risk event requires the activatin f the University Incident Management Team and in sme situatins the University Rescue Team may als be activated. Human Resurces hs_pr08 Page 9 f 12

10 Reprting Event Reprting The Cntractr/Sub-cntractr shall: Ntify their University cntact f any accident, incident, near miss, injury, illness, harm, mishap, r a feeling f pain and discmfrt that ccurs in a place f wrk invlving an emplyee, visitr, student, Cntractr/Sub-cntractr, vlunteer, r persn undertaking wrk experience in the mnthly KPI reprt t their University Cntact and Health and Safety Team fr review and discussin. Ntify their University cntact, Departmental Cntractr Liaisn f any restricted wrk, defined in regulatin 2 and 26 f the Health and Safety in Emplyment Regulatins 1995 (refer ntifiable wrk definitin) Immediately cntact Security n 6111 r fr any high risk situatin, emergency r medical assistance requiring a respnse. Security will als assist in securing any scene. Ntify all Serius Harms immediately t their University cntact wh will cntact the University Health and Safety Manager/Team enabling required prcesses and reprting t happen. Ntify all prperty r envirnmental damage t their University Cntact enabling required prcess and reprting t happen. Immediately ntify their University cntact f any high risk situatin that culd put the University at risk r bring it int disrepute, r any situatin invlving unauthrised media. Early ntificatin is required t enable the University t respnd apprpriately t any insurance, legal r media issues that may result. In cllabratin with the University fully investigate any f the abve if required r requested by the fllwing; Cntractr 's Management Team University Management Team including the Health and Safety Manager Wrksafe NZ, r any ther Authrity Cperate with the University Incident Management Team, Incident Cntrller and prcesses. Serius Harm Reprting Where Serius Harm has ccurred the accident scene must nt be altered withut the permissin f a Wrksafe NZ (r Maritime New Zealand,) Health and Safety Inspectr, unless t; save life, prevent harm r relieve the suffering f any persn; maintain access f the general public t essential services r utilities (such as water, electricity r gas); r prevent serius damage r lss f prperty. If the Inspectr has advised that they will visit the site, btain a clear indicatin f when this will ccur. If the Inspectr gives a site clearance withut visiting the scene, btain full details f the Inspectr s name and recrd the time f discussin. Human Resurces hs_pr08 Page 10 f 12

11 Dependant n wh the agreed lead agency is the release f the scene may cme frm NZ Plice. The Health and Safety Manager/Team shuld be ntified immediately if the event invlves Serius Harm, wh will then ntify Wrksafe NZ and ther authrities, as necessary. In the Health and Safety Manager s absence, cntact the Directr, Human Resurces. This number can be surced frm Security utside hurs. Security shuld be cntacted n extensin (6111, r This requirement t reprt Serius Harm events applies 24 hurs a day, seven days a week. Emergency Services and Supprt Cntractrs/Sub-cntractrs are required t cntact University Security and Campus Cmmunity Supprt (6111, r ) during all emergencies t enable apprpriate respnse and supprt fr high risk r medical emergencies. Security is fixed with apprpriate knwledge and equipment t respnd, eg; defibrillatr, first aid equipment and an emergency evacuatin chair. The University has a respnse prcess in place with emergency services and the University Health Centre enabling a swift respnse t any emergency. Reprting and Activatin fr critical incidents is als initiated by Security High Risk Irrespective f the degree f harm resulting frm an event, any situatin relating t health, safety, envirnmental r prperty damage must be reprted because it culd put the University at risk r bring it int disrepute. This relates t any harm r event that may attract attentin t the University including unauthrised media. Early ntificatin is required t enable the University t respnd apprpriately t any insurance, legal r media issues that may result. Ntifiable wrk Cntractrs are individually respnsible fr ntifying Wrksafe NZ f any wrk defined as Ntifiable Wrk in the Health and Safety in Emplyment Regulatins 1995 at least 24 hurs prir t the cmmencement f that wrk. The UC Cntact must be ntified f any prpsed ntifiable wrk at least 48 hurs prir t ntificatin t Wrksafe NZ. Hazard Reprting See abve page 7 Human Resurces hs_pr08 Page 11 f 12

12 Related infrmatin HR Tlkit The fllwing prcesses in the H&S Tlkit supprt this prtcl: Health and Safety Plicy Induct, Mnitr and Evaluate Cntractr/Sub-cntractr Safe Wrk Practices Checklist Health and Safety Review f Cntractr Wrksite Checklist Health and Safety Cntractr Inductin Cmplete pst cntract evaluatin Health and Safety Management Minimum Requirements University Emergency Management Website Further infrmatin If yu have any further queries, please cntact the Health and Safety Manager/Team r University Cntract Manager. Human Resurces hs_pr08 Page 12 f 12

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