Training Accountabilities & Managing Contractors
Principal Contractors have a Common Law duty of care to protect the health, welfare and safety of independent contractors. In brief, this duty of care includes:
- Reasonable care in employment of subcontractors/independent contractors, ensuring they are competent to control their own systems of work;
- Duty to retain general supervision of work; and
- Duty to define contractor’s respective areas of responsibility.
Training in Safe Work Methods for a specialised skill
A High Court decision in Leighton Contractors Pty Ltd v Brian Allan Fox; Calliden Insurance Ltd v Brian Allan Fox [2009] HCA 35 (2 September 2009), has helped to clarify the Common Law duty regarding training of subcontractors/ independent contractors. The findings in this case demonstrate that there is no Common Law duty requiring a Principal Contractor to provide a competent subcontractor/ independent contractor training in safe methods of carrying out the subcontractor’s specialised task.
What training needs to be provided to subcontractors/independent contractors?
A Principal Contractor may discharge its duty of care if it takes reasonable care to engage subcontractors/independent contractors who are competent to control their own systems of work. This may not apply in certain situations where the Principal Contractor directs and co-ordinates the independent contractor’s activities.
A Principal Contractor may not have to provide training for specialised areas of work performed by subcontractors, provided the subcontractor is competent and the activity is placed in their control.
In regards to statutory requirements for induction training, Principal Contractors must ensure OHS Induction training (construction work) is undertaken. They must comply also with the relevant State Act and Regulation requirement.
What should be included in general OHS induction training?
Principal Contractors must ensure OHS induction training is provided to contractors. This training should cover general OHS provisions and safety measures implemented on site and may include (but not limited to):
- Site boundaries/protection of work;
- Access/egress;
- Housekeeping;
- Emergency procedures/fire protection;
- Permits to Work, e.g. hot work, electrical;
- Work at height;
- Electrical safety;
- Identified hazards/hazard areas;
- Incident reporting/First Aid;
- Plant, equipment, machinery, tools;
- Consultation and communication;
- OHS performance monitoring.
The Principal Contractor should also ensure contractors undertake work activity based induction training for their employees. This includes the risks associated with their own specialised area of work and site-specific activities. This training should be undertaken in addition to general OHS induction training.
Monitoring contractor OHS performance
Principal Contractors should regularly monitor contractor performance to ensure contractors are conducting work safely in accordance with the processes prescribed in their own OHS systems and procedures. This may be undertaken through:
- Contractor spot checks;
- Inspections;
- Safety audits;
- Checking work activity conformance against risk assessments/JSA/SWMS.
Managing contractor non-conformance
If a non-conformance is identified by the Principal Contractor, the subcontractor must immediately take action to comply with the safe work methods prescribed in their SWMS. If this is not possible, the subcontractor may need to cease work and not resume until the SWMS and its requirements can be met.
It is important that a systematic approach is adopted when monitoring and supervising subcontractors and the requirements of the Principal Contractor should be clearly identified in the contract documentation.
Contractor monitoring record management
Records relating to the monitoring and supervision of contractor activities (e.g. inspection checklists, audit reports and non conformance reports) should be retained by the Principal Contractor to demonstrate a pro-active approach and commitment to their OHS obligations.
Further Information
For further information, please contact your nearest NAA office:
Sydney: Sheetal Thakorlal on (02) 9889 1800
Melbourne: Ennio Bianchi on (03) 9890 8811
Brisbane: Delwynn Wecker on (07) 3514 9222
This Risk Review is available as a pdf document. Click Here for the Adobe™ pdf version.