SPECIFIC SAFETY OBLIGATIONS FOR CONTRACTORS ENGAGED WITH THE CITY OF BUNBURY.

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1 SPECIFIC SAFETY OBLIGATIONS FOR CONTRACTORS ENGAGED WITH THE CITY OF BUNBURY. The City of Bunbury acknowledges that it has a Duty of Care obligation under the Occupational Safety and Health Act 1984 (Section 23D) to provide all it s employees (including contractors and their employees) with a safe workplace and a safe system of work. Contractors carrying out any work for the City shall be required to comply with the following requirements, these will entail: Definition Service provider Includes principal contractors, contractors, subcontractors, consultants and suppliers; 1. Occupational Safety and Health Policy All Service providers are required to comply and operate within the guidelines of all City of Bunbury policies and procedures. Service providers are also required to induct any of their employees into the workplace, and the safety requirements of the work being undertaken. 2. Qualifications / Competency It is the duty of all service providers to ensure that any task requiring a Qualification, License, Permit or Certificate of Competency is allocated only to the person or persons holding such qualifications to complete the tasks required. A copy of all Qualifications, License, Permits or Certificates of Competency s will be required to be provided to the City of Bunbury prior to the commencement of the allocated project. 3. Signs Safety and other signs are clearly posted on City of Bunbury premises. All signs shall be observed. Any signage provided by the contractor is to comply with all relevant Australian Standards. 4. Vehicles / Plant Speed limits and all traffic signs must be adhered to at all times whilst visiting in any Depot or Council managed site. All vehicles are to be road worthy and remain fully licensed including the operator. 5. Operating Equipment Service providers or any sub contractors are not permitted to operate any City of Bunbury equipment without the approval of the City of Bunbury Supervisor or Manager and with out first being instructed in the correct use of that equipment. 1

2 Do not remove any safety guards or isolation equipment without permission of the Council Representative in charge. 6. Housekeeping All work places will be kept in a clean and tidy condition. 7. Workplace Bullying Workplace Bullying is seen as a hazard in the workplace. It can be seen as any behavior that has the potential to harm or offend someone and these need to be identified. Therefore teasing, practical jokes, offensive language, inappropriate comments and skylarking are unacceptable practices in the workplace. There are many other means of bullying but these are just a few examples. 8. Fitness for Work (Drug & Alcohol) The service provider or his employees, contractors may not enter a site in possession of any intoxicating liquor, drugs or illegal substances or under the influence of the same. All providers will have to abide by the Fitness for Work (Drug & Alcohol) Procedure and testing requirements. City of Bunbury will be regularly testing all employees and service providers to ensure they meet the requirements. 9. Hazardous Substances Whilst performing duties on Council premises or worksites there may be instances that service providers are at risk of being exposed to hazardous chemicals. The appropriate training and Material Safety Data Sheets must be available to all workers. It is vital that any hazardous substance handled or used in the workplace is handled in the correct manner. All instruction must be followed on the correct use, handling, storage and disposal of any chemicals. 10. Contact with the Media At various times the news media may take interest in various projects or activities that may involve the City of Bunbury. All requests for any information or comments from any media source must be referred to the City of Bunbury Communications Officer. 11. Notification of Accidents & Incidents All service providers will notify the City of Bunbury of all accidents and incidents including compensable injuries, in a written format, as sustained by the service provider or any employees or subcontractors or any damage/injuries to third parties that may occur as a result of the work being undertaken (a significant incident maybe a situation where an employee or third party is nearly struck by any vehicle/plant or projectile, or falling object 2

3 and includes any environmental pollution resulting from a spill or other accident). 12. Personnel Protective Equipment Any person who enters a City of Bunbury work site shall wear: Appropriate enclosed footwear of a stout leather construction (i.e. steel cap footwear) must be worn at all times whilst on a site and be compliant with AS/NZS2210 An approved high visibility garment/vest that complies with AS/NZS when working within or immediately adjacent to a road reserve, construction site or area deemed by the supervisor to be warranted. Safety glasses complying with AS/NZS1337 & 1338 must be worn in all areas where there is a risk of damaged to the eye. Hearing protection must be in accordance with the SLC rating determined in accordance with AS1369 and meet AS1270. All Other Personal Protective Equipment as deemed necessary by a Council representative. Sun Screen Service providers who work outdoors for at least 1 hour cumulative per day are advised to apply sunscreen of SPF 30+, or greater to all exposed parts of the body. The sunscreen must be applied in accordance with manufacturer s instructions. Sunscreen will be provided at the contractor's expense. 13. Safety Orientation Sessions for Contractors At the discretion of the City of Bunbury, service providers may be required to attend a safety orientation session to discuss the statutory responsibility of all parties, key aspects of the City of Bunbury s safety management plan and specific hazards associated with relevant activities. 14. Compliance with Relevant Statutes, Australian Standards and Codes of Practice All service providers and /or sub contractor s and/or there employees activities, plant and equipment must comply with the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996, the Environmental Protection Act, relevant Australian Standards, relevant Codes of Practice and the City of Bunbury s own procedures as identified. 15. Children Children are not permitted on any (construction) site. (CHILD means a person who is under 15 years of age). 3

4 16. Firearms/Explosives Service providers are not permitted to have firearms, ammunition, explosives or detonators on any City of Bunbury Site. 17. Smoking City of Bunbury employees and contractors are prohibited from smoking in all enclosed workplaces, including buildings and vehicle cabs. 18. Emergency Procedures All City of Bunbury facilities have available evacuation plans. Should any emergency arise that necessitates an evacuation. (Nominally initiated by an internal warning siren) all service providers will be required to follow local Emergency Warden Instructions and evacuate the area in question with City of Bunbury staff where applicable. 19. Third Party Protection Every reasonable measure is to be taken to protect third parties from harm, injury or damage whilst your service or scheduled works is being undertaken. This may require a detailed risk assessment being undertaken, use of adequate warning signs and the provision of alternative safe access and egress as deemed appropriate by the Supervisor. 20. Traffic Management Should the work occur on a road reserve, all service providers must meet the traffic management requirements of the Australian Standard Manual of uniform traffic control devices Part 3: Traffic control devices for works on roads, relevant accompanying field guide documents and Main Roads WA Traffic Management for Road Works Code of Practice. Any person erecting such signs shall be accredited and competent to do so as required by Main Roads Western Australia as it relates to Basic Worksite Traffic Management and Traffic Controller qualifications. 21. Noise/Dust Service providers are required to comply with nominated noise abatement legislation and City of Bunbury community noise standards as required. Service providers are required to minimize dust emissions that maybe generated by the nominated activity. 22. Service providers Risk and Insurance requirements All service providers shall indemnify the City of Bunbury and be solely responsible for the services and shall bear the sole risk for any loss or damage whether to any person or property caused by or resulting from, 4

5 directly or indirectly, any act or omission of the service provider or any default or negligence by the service provider irrespective of any negligence, default or breach of statutory duty on the part of the council. The service provider shall indemnify and keep indemnified the City of Bunbury from and against any loss or damage and against all claims, demands, proceedings, costs, charges and expenses whatsoever arising out of any act or omission of the service provider or any default by the service provider irrespective of any negligence, default or breach of statutory duty on the part of the City of Bunbury. The service provider shall, at there expense, procure and maintain a current Certificate of Currency, each certificate shall be provided to Council prior to commencing any work. The insurance shall be specifically endorsed so that it is deemed primary to any insurance effected by or on behalf of the council and shall contain a cross liability clause which shall treat each of the insured parties as if a separate policy had been issued to each of them. Without limiting its obligations and responsibilities, Servcie providers shall take out Insurance for the entire period of engagement under the following headings; (a) (b) (c) Public Liability: A Public Liability policy with an Insurer approved by the Australian Prudential Regulation Authority (APRA) as per their list of Insurers Authorised to Conduct New or Renew Insurance Business in Australia. The policy of Public Liability Insurance taken out by the Service provider is to provide a minimum limit of liability of $10 million (AU$10,000,000) in respect of Death, Property Damage and Bodily Injury. Workers Compensation: Service providers shall effect and keep in effect during the currency of any services, such Insurance as may be necessary to adequately protect the Service provider and the Principal in respect of liability for payment of compensation to any Employee of the Service provider, Contractor and/or, Subcontractor under the Workers' Compensation and Injury Act 1981 or at Common Law. Professional Indemnity: Where the Contract involves the provision of professional services and/or advice, the service provider is to take out a Professional Indemnity Insurance policy with an Insurer approved by the Australian Prudential Regulation Authority (APRA) as per their list of Insurers Authorised to Conduct New or Renew Insurance Business in Australia. The policy of Professional Indemnity Insurance taken out by the service provider will have a limit of Liability based upon a figure agreed by the Principle and Contractor as per the attached 5

6 Schedule however; the limit of Liability will not be less than $2 million (AUD$2,000,000). (d) (e) Product Liability: Product liability Insurance taken out by the Service provider is to provide a minimum limit of liability of $10 million (AU$10,000,000) in respect of any one occurrence and for an unlimited number of claims. If the service provider employs any contractor or sub-contractor or any person or persons to perform the services or any part thereof, documentation certifying current workers compensation, public liability and third party at least equal to those contractors and shall comply with all conditions before commencement of any services. The service provider will be responsible for the actions of its contractors or sub contractors and provide any other insurance that is required by the laws of the Commonwealth of Australia and state of Western Australia and as amended by any guidelines following any review. 6

7 COMPLETE AND RETURN THIS SECTION Safety Management System Questionnaire Please complete and return this Questionnaire to ensure that City of Bunbury s safety requirements have been fully understood and that all items have been adequately addressed and you are able to tick yes to the appropriate items. YES NO N/A or Comment Have you provided proof of adequate Worker s Compensation / Personal Accident, Motor Vehicle/Mobile Equipment, Professional Indemnity and Public Liability Insurance? (Certificates of Currency) Have you provided copies of any relevant qualifications and licenses to fulfill your obligations under the terms of any agreement with the City? Will you and all of your workers be provided with approved personal protective equipment for the work to be performed? Do all your workers possess a current Construction Safety Awareness Training Card (Blue/ White Card) issued by WorkSafe Western Australia? Do your workers posses a current WA Police Clearance Certificate? (optional) Are there first aid kits in your vehicles and are your workers competent in there use? Are your electrical tools regularly tested and have current appliance tags as per the relevant regulations? If traffic management is required for the work being performed, does your staff have the relevant qualifications to fulfill your obligations under this agreement Can you ensure all Material Safety Data Sheets are readily available for any chemicals that are to be used? Are you aware that you must report any accident or incident and any existing or potential hazards? Is there a risk of actual or potential conflict of interest in any service you provide to the City of Bunbury, or is any such conflict of interest likely to arise during any service you provide to the City? Will you comply with the City of Bunbury Safety and Health Corporate Policy, in compliance with Occupational Safety & Health Act 1984, Occupational Safety and Health Regulations 1996 and all other relevant documentation? 7

8 COMPLETE AND RETURN THIS SECTION ACKNOWLEDGMENT I/we confirm that I/we have read and understood the contents of the Specific Safety Obligations for all Service Providers engaged with the City of Bunbury and the Safety Management System Questionnaire I am also aware of my duty of care and other obligations outlined in the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations I/we acknowledge that all persons employed by me will be required to comply with the City of Bunbury operating requirements and failure to do so may be sufficient grounds for canceling my services, contract or any other agreement immediately should the City of Bunbury choose to use this option. I also understand that should this option be taken I am responsible for any out of pocket expenses that the City of Bunbury may accrue due to this action. CONTRACTORS NAME: SIGNED BY : 8

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