ESTABLISHING A CONTRACTOR SAFETY MANAGEMENT PROGRAM: How to Protect Yourself from Lawsuits, Injuries, and Legal Liability

Transcription

1 ESTABLISHING A CONTRACTOR SAFETY MANAGEMENT PROGRAM: How to Protect Yourself from Lawsuits, Injuries, and Legal Liability Audio Conference Thursday, April 17, :30 a.m. noon Pacific Presented by: Robert Baldwin Randy DeVaul _0804_handout 2008 EMPLOYER RESOURCE INSTITUTE

2 This publication is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. (From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers.) All rights reserved. These materials may not be reproduced in part or in whole by any process without written permission from the publisher. This conference is meant to provide general information only and does not constitute legal advice. No attorney-client relationship has been created. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action. This audio conference qualifies for Continuance of Certification (COC) credit for CSPs, who will earn 0.05 COC points for attending this audio conference. Questions or comments about this publication? Contact: Employer Resource Institute 1819 Polk Street, #290 San Francisco, CA E M P L O Y E R R E S O U R C E I N S T I T U T E (2)

3 Robert Baldwin is President of Safety Resources, Inc, in Zionsville, Indiana. Baldwin is a 28-year veteran of the safety profession. He began his career with one of America s leading specialty chemical manufactures, American Cyanamid, conducting process safety analysis and hands on emergency shutdown procedures. After several years in this demanding field Baldwin shifted the focus of his professional development by assuming a vice presidency with a design engineering and building construction holding company. There, he formulated and managed the construction safety programs and procedures. His executive role also encompassed broad responsibilities in Human Resource management and contracts management. In 1991, Baldwin founded Safety Resources, Inc, a consulting practice exclusively dedicated to providing clients with both occupational (at work) safety programs and practices and risk management (strategies and implementation plans) to assist companies to prevent loss and maintain strong revenue-generating operations in the midst of changing times. Baldwin personally consults with business leaders and operations executives throughout the United States. He stays current in the safety profession by actively participating in a number of professional associations, researching new areas of risk management and contributing articles to a number of publications. He holds a B.S. in organic chemistry from Nasson College and is a member of the Associate Faculty for Purdue University instructing a senior level course in safety. Baldwin is an OSHA Training Institute authorized instructor and a member of the American Society of Safety Engineers. He serves as trustee for the College of Saint Mary of the Woods. Robert Baldwin President, Safety Resources, Inc Northwestern Drive Zionsville, IN fax: rbaldwin@safetyresources.com E M P L O Y E R R E S O U R C E I N S T I T U T E (3)

4 Randy DeVaul is the safety and human resources audio conference producer for ERI and principal of Brickhouse of New York, Inc., a safety consulting firm in Westfield, New York. He has 25 years experience as a safety professional and is internationally published in major safety trade publications. He has also authored three performance-based workplace safety books. He has both regulatory and industry experience in occupational and mine safety, as well as experience with workers compensation, performance management, strategic planning, organizational development, and employee benefits and retention programs. DeVaul has an M.A. degree from Liberty University, where he also earned the highest award for a perfect GPA. He is an active member of the American Society of Safety Engineers, serving on the International Practices Specialty Group, as well as being a member of the Southern California Industrial Safety Society. He is nationally registered as a Safety, Health, Environmental Practitioner (RSHEP). He may be reached at moderator@employeradvice.com. Randy DeVaul Brickhouse of NY, Inc East Route 20 Westfield, NY Phone: Fax: BUSINESS & LEGAL REPORTS, INC. (4)

5 Contractor Safety Management Process Overview Goal To provide a summary of the Contractor Safety Management Process, utilized when selecting and managing contracted services to perform work. (5)

6 CSM Process Components Section 1 - Overview of Purpose and Scope Section 2 - Summary of Process Section 3 - Roles and Responsibilities Section 4 - Safety Pre-Planning Section 5 - Contractor Safety Pre-Qualification Section 6 - Contractor Negotiation Process Section 7 - Contract Document Section 8 - Site Communication Section 9 - Contractor Orientation Section 10 - Pre-Job hazard Analysis Section 11 - Contractor Incident Investigation Section 12 - Contractor Verification Procedures Section 13 - Safety Communication Section 1 - Purpose Contractors are a significant population. This document will assist employees in managing contractor safety and knowing their responsibilities. (6)

7 Section 1 - Scope This process applies to all contractors providing contracted services. Section 2 Safety Management Contractor Safety Management Process Requires the Owner to fulfill its safety responsibilities (as a user of contracted services). Ensures that clear and consistent safety expectations are applied to all contracts. (7)

8 CSM Process When should the CSM process be implemented? Design CSM Process Section 4 Safety Pre-Planning Duration of a Project: Start to Finish Pre-Construction CSM Process Section 5 Safety Prequalification Section 6 Contractor Negotiation Process for Safety Req. Section 7 Contract Document Section 8 Site Communications Section 9 Contractor Orientations Section 10 Pre-Job Hazard Analysis During Construction CSM Process Section 11 Incident Investigation Section 12 Safety Management Verification Procedures Section 13 Safety Communications (8)

9 CSM Process Summary of Section 3: Roles and Responsibilities The purpose is to outline the R&R of the Owner s representatives and their third party consultants w/ respect to managing contractor safety. Executive Director/Site General Manager Owner of Contractor Safety Program by site/business unit. Request contractor safety to be part of Performance Management throughout their reporting structure. (9)

10 Manager s Lead Team Reviews and approves strategic direction of the CSMP. Sponsors CSMP safety initiatives. Influences implementation of CSMP. Responsible for approval of the contractor conditional approval process. Communicates initiatives throughout sites and business units. Performance/metrics. Project Engineer/Field Contact Responsible/accountable for the contractor safety with their projects/contracts. Holds the contractor accountable for safety. Implements all required elements of the CSMP. Selects safety qualified contractors. Safety Through Design Integrates/Designs H&S into Project (design a safety construction project & a safe operation of the completed facility). (10)

11 Project Engineer/Field Contact Tour projects and maintenance work, looking for safety issues. Initiate and lead incident review meetings. Review contractor safety performance and request improvement plans when metrics do not meet targets. Owner s Representative Site Safety Professionals Conduct site safety orientation. Perform prequalification of contractors. Conduct incident investigations. Site and project observations/walk-throughs. Attend pre-bid, pre-contract and weekly contractor meetings. Provide technical interpretation of OSHA construction and general industry regulations. (11)

12 Owner s Representative Site Safety Professionals Performs assigned audits/verifications. Track/monitor and report contractor safety performance. Issues monthly contractor safety performance statistics. Provides input for technical and program enhancements. CSM Process Summary of Section 4: Safety Pre-Planning Designed to identify and address hazards prior to commencement of work. (12)

13 Responsibilities Engineer (Contract Holder) Responsible for Completing the Checklist prior to beginning work. Involving outside sources (Architect etc.) CSM Process Summary of Section 5: Contractor Safety Pre-Qualification To map the contractor safety prequalification process and provide guidance for the use of its basic components in evaluating the historic safety performance of prospective contractor firms. (13)

14 Scope of This Section Applies to all contract firms w/ employees working on-site. Encompasses both construction and general industry type contractors Applies regardless of payment structure Contract Work Order Credit card/cash Pre-Qualification Safety Program (9 Mandatory Elements +) 1. Disciplinary Policy 2. Hazard Communication 3. Self Inspections 4. Clearly Defined Responsibilities 5. Safety Orientation 6. Emergency Response Plan 7. Accident Investigation/Reporting 8. Personal Protective Equipment 9. Proof of OSHA 10-hour Construction/Industrial Course 10. Plus: Scope of work and related safety hazards involved. (14)

15 Qualification Responsibilities Contractor Responsible for submitting required information. Responsible for developing conditional approval plan of action. Prime Contractors are responsible for ensuring subcontractors are following the process and supplying appropriate information. CSM Process Summary of Section 6: Contractor Negotiation Process for Safety Requirements Identify safety requirements to prospective contractors. Identify safety submittals Sub Pre-qualification Site specific plans Etc. (15)

16 CSM Process Summary of Section 7: Contract Document Identify Owner s safety requirements & expectations through a contractual agreement. Responsibilities Engineer (Contract Holder) Ensures current safety requirements are included in specs. Developing safety performance agreements. Responsible for: Contract Development Implementation Ongoing administration of contract (16)

17 Summary of Section 8: Site Communication Communicate information to contract firms on-site supervision regarding general & safety Info. CSM Process Summary of Section 9: Contractor Orientation Contractor safety orientation is intended to familiarize new and existing contractor employees in understanding Owner requirements and expectations of safety policies and procedures such as Emergency Action Plans, and Hazard Communication information. (17)

18 Contractor Safety Orientation WHEN DO CONTRACTORS ATTEND SAFETY ORIENTATION? Prior to the beginning of work for each site Annually Contractor Safety Orientation WHAT IS INVOLVED IN THE SAFETY ORIENTATION? Contractor Policies and Procedures Manual (CPPM) Video Script available Written Comprehension Examination Site Specific policies that apply (18)

19 CSM Process Summary of Section 10: Pre-Job Hazard Analysis An open communication system to be utilized between Owner and the contract firm to better understand the potential induced hazards and precautions prior to work being performed. Main focus: CSM Process Summary of Section 11: Contractor Incident Investigation Root cause (Why?) Corrective actions. (19)

20 CSM Process Summary of Section 12: Contractor Safety Management Verification Procedures To measure Owner and contractor firm implementation of the Contractor Safety Management Program. Contractor Safety Management Verification Contractor Safety Process Verification Focused Audit Routine Substance Abuse Audit Training Record Audit Disciplinary Policy Flow Diagram Contractor Safety Inspection Report Form (20)

21 CSM Process Summary of Section 13: Safety Communication/Interventions To provide a prompt and consistent means to share information and give feedback regarding contractor safety interventions and performance. (21)

22 Questions and Answers You may your questions to Thank You Thank you very much for attending our audio conference today. We hope you ve found this conference valuable. CD recordings of this conference, and past ERI conferences, can be ordered by calling You can also go to for information about CD recordings of this conference and past conferences, as well as for information about our upcoming conferences. We hope you ll consider joining us again soon. Please be sure to complete and return your program evaluation. Evaluations will be ed to participants shortly after the conference E M P L O Y E R R E S O U R C E I N S T I T U T E (22)