Contractor’s Occupational Health & Safety Obligations The Contractor must ensure that the Contractor and its Personnel comply with the following minimum obligations at all times while the Contractor is engaged to provide Works to Coles Group and/or any of its related corporations. In meeting each of the obligations below (but without limiting its legal obligations to Coles Group or generally), the Contractor must comply with all applicable laws, Standards and Coles Group requirements. However, the Contractor is not required to comply with a Coles Group requirement where to do so would be unlawful (unless the Contractor could make it lawful by obtaining a licence, permit, qualification or similar approval required for products or services that the Contractor has agreed to provide). be immediately reported to the Site Manager or Delegate. 1) DEFINITIONS Delegate: The person who has been properly delegated authority from a Site Manager to perform certain of the Site Manager’s duties and exercise certain of the Site Manager’s powers. This person will normally be advised to the Contractor as soon as possible. Personnel: Includes the Contractor’s employees, agents and subcontractors (including work experience students and delivery drivers) Site Manager: The person designated by Coles Group as manager of a particular site, or if no such person is advised, the person who is the manager in charge of that site at the relevant time. Works: The physical activities performed on site in accordance with the specifications and other requirements agreed in writing between Coles Group and the Contractor. The Works exclude non-physical activity (eg consultancy services). Standards: The Australian, New Zealand or other applicable industry standards, as the case may be. Chemicals: Dangerous goods, hazardous substances, schedule 5 or 6 poisons or combustible liquids (C1 and C2). 2) MANAGEMENT SYSTEMS OBLIGATIONS 2.1 General • The Contractor will discuss and agree with Coles Group the safety aspects of the contract prior to commencement of the Work and agrees that the Contractor is responsible to ensure that all Works undertaken comply with the relevant occupational health and safety laws. • Minors accompanying the Contractor’s Personnel will not be allowed on to Coles Group sites (unless those minors are Personnel of the Contractor). • The Contractor is responsible for completing and supervising tasks using work practices which (subject to relevant laws) are acceptable to Coles Group. • The Contractor is responsible for completing and supervising tasks in a manner which does not place the Personnel, Coles Group employees or customers or anyone else at risk. • Any incidents (which includes any near misses) involving the Contractor at a Coles Group site must First Issued 8/7/2005 • The Contractor must ensure that the Site Manager approves the expected time of entry and the period for site access. If access is required beyond the site’s normal trading hours, arrangements for after hours access are to be made with the same Site Manager, or their Delegate. • Vehicles must use only recognised entrances and exits when entering or leaving car parks. Speed limits must be observed in car parks. The Contractor must only park in those areas designated by the Site Manager. • Safety signs and equipment must be provided where a hazard results from work undertaken. Safety signs must be obeyed and adequate safety equipment used for the purpose intended. 2.2 Work Method Statements (“WMS”) A WMS must be prepared by the Contractor for all Works and must describe the Works to be completed, outline the steps involved and identify associated hazards and the risk control measures that will be implemented to eliminate or reduce risk. The Contractor must ensure that all Personnel have a copy of the completed WMS (which must be provided to Coles Group on request), and must ensure that Personnel can demonstrate an understanding and successful implementation of all control measures outlined in the WMS. If the Contractor is carrying out routine work, one WMS is sufficient for as long as site conditions remain unchanged. 2.3 Contractor Safety Management Plan A Contractor Safety Management Plan is required for all new stores/sites, refurbishment works, NSW high risk works (as defined in NSW Occupational Health and Safety Regulations) and national/regional periodic and service contracts. A copy of the pro forma Contractor Safety Management Plan can be obtained from the Site Manager on request. Current Version 1/4/07 STY1633 Page 1 of 5 Contractor’s Occupational Health & Safety Obligations accordance Procedure. 2.4 Corrective Action Report (CAR) with the AIP Work Clearance Where an instance of a non-compliance is noted by Coles Group, a CAR will be issued to the Contractor. The Contractor must propose corrective methods and steps that are reasonably acceptable to Coles Group and implement them within the timeframe specified in the CAR. Both parties will act reasonably in seeking to reach agreement on the relevant timeframe in each case. The Contractor will operate and maintain a complete record of all Personnel inducted. • carry the Coles Group Induction Card with them The completed CAR must be returned to the Site Manager or Delegate for review. • report to the Site Manager or Delegate and sign the Sign In Register on arrival at the site 2.5 Audits • report to the Site Manager or Delegate and sign out on leaving the site for any reason • have a copy of the WMS before commencing any Work on site • wear a Visitor’s sticker or badge issued or approved by Coles Group. Audits of the Contractor’s safety management systems may be conducted by Coles Group to assess the level of compliance with its obligations to Coles Group and under relevant laws. The Contractor must make available all premises, systems, Personnel, documentation and information necessary to enable Coles Group to ascertain the Company’s level of compliance. 2.6 Spotchecks Spotchecks will be conducted by the Site Manager or Delegate to ensure that the Contractor complies with the risk controls and other requirements outlined in the WMS, this document and all other documents to which this document refers. 3) INDUCTION AND SITE REQUIREMENTS The Contractor is responsible for ensuring that all Personnel have appropriate qualifications and are provided with adequate information, instruction and training prior to commencing work on Coles Group premises. The Contractor will ensure that none of its Personnel undertake work unless they hold a valid licence, permit, certificate of competency or qualification as per Coles Group’s requirements and the laws of the relevant jurisdiction(s). The Contractor will 3.1 Coles Group General Safety Induction – Australian Requirements 3.2 Sign in – Australian Requirements All Personnel must: 3.3 Coles Group General Safety Induction – New Zealand Requirements It is the Contractor’s responsibility to ensure that all Personnel who will be performing works on site: • undertake either the Coles Group general safety induction (available online at www.contractor.colesgroup.com.au/) or obtain a valid, current Maintenance Passport or Store Safe Passport. • undertake a site orientation before commencing work on site; and • complete any other required inductions such as those required by law or Standards. The Contractor will operate and maintain a complete record of all Personnel who have completed the Coles Group general safety induction, Maintenance Passport or Store Safe Passport. 3.4 Sign in – New Zealand requirements All Personnel must: It is the Contractor’s responsibility to ensure that all Personnel: • carry the Coles Group Induction Card or Store Safe Passport or Maintenance Passport with them; • • report to the Site Manager or Delegate and sign the Sign In Register on arrival at the site; • undertake a site orientation before commencing work on site report to the Site Manager or Delegate and sign out on leaving the site for any reason; • complete any other required inductions such as those required by law or industry standards. have a copy of the WMS before commencing any Work on site; and • Coles Group require contractors engaged by Coles Express to be accredited by the Australian Institute of Petroleum (‘AIP’) and undertake works in wear a Visitor’s sticker or badge issued or approved by Coles Group. 4) PERSONAL SAFETY • • • who will be performing Works on site, undertake the Coles Group general safety induction before commencing work on site (available online at www.contractor.colesgroup.com.au/) First Issued 8/7/2005 Current Version 1/4/07 STY1633 Page 2 of 5 Contractor’s Occupational Health & Safety Obligations specifications and the requirement of relevant legislative and Standards. 4.1 Clothing and Personal Equipment The Contractor must ensure that the Personnel dress appropriately for each task and wear fully closed-in footwear at all times. The Contractor will be responsible for providing personal protective clothing for all Personnel as required by Coles Group and the nature of the work, and also for ensuring that they are worn as and when appropriate. Equipment must not be left unattended or within the reach of children. Noise levels must be kept to a minimum (and at all times within legal limits). 4.2 No Smoking Policy 6) FIRE PROTECTION The Contractor will ensure that all Personnel observe the smoking restrictions in force on Coles Group premises. 6.1 Evacuation and Fire Procedures 4.3 Drugs/Alcohol No person will be permitted to enter or work on Coles Group premises while under the influence of illegal or narcotic drugs or in an intoxicated state. Alcoholic beverages must not be consumed or stored on the premises. 4.4 Harassment or discrimination The Contractor must ensure that its Personnel comply at all times with all laws and Coles Group policies regarding harassment and discrimination. In particular, the Contractor will assist Coles Group to provide an environment in which employees, contractors, customers and visitors can work without interference caused by harassment or discrimination. Any form of harassment or discrimination will not be tolerated. 5) PLANT & EQUIPMENT All plant, equipment and other items provided by or on behalf of the Contractor will be under the control of and the sole responsibility of the Contractor at all times. These items must be maintained to meet all OH&S legal requirements as well as Coles Group and industry safety standards. Detailed, documented results of plant risk assessments will be made available to Coles Group by the Contractor on request. Plant operators must be trained and licensed where relevant. Coles Group plant and equipment is not to be used. without the written approval of the relevant Site Manager. Evidence of all necessary licences and competency training must be provided to the Site Manager before approval can be given. Such evidence must also be provided to Coles Group at any time on request. The Contractor must ensure that all Personnel complete the site-specific orientation, including evacuation and fire procedures, prior to commencing the Works. The Contractor must ensure that its Personnel are familiar with all emergency procedures for the site, including the location of the emergency exits and evacuation assembly points. In carrying out the Works, the Contractor must not restrict or impede emergency evacuation routes or access to fire extinguishers, hoses or doors. 6.2 Smoke detectors Permission must be obtained from the Site Manager prior to the commencement of Works that may produce dust or smoke. Isolation of smoke detectors or other fire protection equipment may be required by Coles Group before any hot or dusty work is commenced. In such cases, a Fire Protection Equipment Impairment Notice must be completed (see 7.3 below). 7) WORK PERMITS 7.1 Hot Work Permits The Contractor may not commence any task likely to produce a source of ignition, such as welding, within Coles Group premises without a hot work permit approved in writing by the Site Manager or Delegate. The Contractor must adhere to all of the requirements in the permit. 7.2 Confined Space Permits All entry to a confined space will comply with the relevant confined space Standards and laws. 7.3 Fire Protection Equipment Impairment Notices Internal combustion engines (petrol/diesel) are not to be used inside a store or other building without the completion of a risk management plan and the implementation of associated controls. Air compressors must be operated without risk to the safety of any person. The Contractor must not impair any operational fire equipment, including sprinklers, hydrants, smoke detectors or fire pumps (“Fire Protection Systems”) on Coles Group premises without first obtaining and distributing a Fire Protection Equipment Impairment Notice. Plant and equipment must be stored, operated and maintained in accordance with the manufacturer’s Part 1 of the Fire Protection Equipment Impairment Notice must be completed at least 2 hours before First Issued 8/7/2005 Current Version 1/4/07 STY1633 Page 3 of 5 Contractor’s Occupational Health & Safety Obligations commencing any Work where Coles Group’s Fire Protection Systems are being impaired. When Part 1 is completed, the Contractor must fax the form to Coles Group Risk Management Services. If a fax machine is unavailable, then phone notification is acceptable, with the form submitted to Coles Group Risk Management Services as soon as practical. until the hazard is discussed with, and the work is approved in writing by, the Site Manager. After the work has been completed and the Fire Protection Systems are restored, the Contractor must forward Part 2 of the Fire Impairment Notice to the person specified in the Fire Protection Equipment Impairment Notice. Bags, toolboxes and other containers may be inspected by Coles Group when Personnel leave the site. 7.4 Hazardous Works permit 9) SITE MANAGEMENT 9.1 Site Security Unauthorised use or removal of Coles Group equipment is forbidden, as is the unauthorised use or removal of any other Coles Group property, including intellectual property (such as documentation or software), or of Coles Group’s confidential information. The Contractor must complete a Hazardous Works Permit before commencing any of the following activities: Entry into sections of a building other than the designated work area is forbidden. • Roof work The Personnel must not use their electronic access card or key to allow others to enter. • Trenching and excavation work • Crane operations • Energy isolation (water, gas and electricity) If working on the roof, the Contractor must ensure that all doors, ladders and other means of access are closed or secured to prevent unauthorised access. An authorised representative of the Contractor must approve the permit before the Personnel can commence hazardous work. For the purpose of this permit, the authorised representative is the Contractor’s supervisor or the principal contractor’s supervisor (where the Contactor is not the principal contractor). Note: Permits or authorisations are not administered at Coles Express sites they must be obtained through Express Facilities Management (‘FM’), Coles Express facilities & maintenance department. 8) ASBESTOS/HAZARDOUS MATERIALS A building materials register providing details of the presence of hazardous materials on the relevant site should be available from the Site Manager. The Contractor must ensure that the Personnel working on that site read the report before commencing work. If hazardous materials are present, location details are to be noted to ensure that Personnel undertaking work are not at risk of exposure. The Contractor must ensure that materials containing asbestos are not disturbed. The Contractor must notify the Site Manager if any of the Personnel suspect the presence of asbestos. If the Works require the disturbance of any asbestos, the Contractor must inform the Site Manager before commencing work. If the Contractor is to remove any asbestos, the Contractor must be an accredited asbestos removalist. Accreditation documentation must be shown to the Site Manager prior to any work commencing. The Contractor must comply with all laws, industry standards and Coles Group requirements when undertaking removal work. If the work to be undertaken is likely to disturb any hazardous materials, work must not be commenced First Issued 8/7/2005 If access is required outside of a Coles Group site’s normal trading or operating hours, arrangements for after hours access should be made with the Site Manager. 9.2 Clean Work Environmental/Waste Disposal The Contractor will be responsible for maintaining a clean and tidy worksite. All waste will be disposed of by the Contractor off-site, unless the Site Manager or Delegate specifies otherwise. All precautions must be taken to minimise the generation of environmental hazards, such as exposure to chemical substances, dust, fumes, gases and vapour. In some cases, this may mean completing a job outside normal trading hours (but only where authorised in writing by the Site Manager). 10) CHEMICAL MANAGEMENT All chemicals brought onto or used on the site must have a compliant Material Safety Data Sheet (MSDS) and be correctly labelled. The Contractor must obtain approval from the Site Manager to bring chemicals onto the site. A WMS must be completed for Works that involve chemicals. Identified controls must be implemented in accordance with the relevant MSDS. Some Works may require completion outside normal trading hours. In such cases, the written approval of the Site Manager or Delegate must be obtained. The Contractor must advise the Site Manager or Delegate if a substance to be used may impact on the safety of any person. Current Version 1/4/07 STY1633 Page 4 of 5 Contractor’s Occupational Health & Safety Obligations All of the Contractor’s chemicals that are stored on the site must be included on that site’s Chemical Register. 15) NON-COMPLIANCE 11) WORKING AT HEIGHTS Where possible, the need to work from heights should be eliminated. Approved height protection control measures must be implemented based on risk (safety harness, scaffolding, etc). Relevant equipment must be provided by the Contractor. The Contractor must ensure that its Personnel have received appropriate training in the correct use of equipment, including fall arrest equipment. In addition to any rights of termination or other remedies that Coles Group may have under an agreement with the Contractor or otherwise at law, Coles Group may require the Contractor to immediately remove from Coles Group premises any of its Personnel who are (or who are causing the Contractor to be) acting unlawfully or in breach of an Occupational Health and Safety Laws or Coles Group requirement. Upon receipt of such a request, the Contractor will remove the Personnel in question and make available a suitable replacement as soon as possible. Coles Group will have no liability to the Contractor in respect of such replacement. 11.1 Ladders Non-conductive ladders must be used anywhere electrical hazards exist Ladders must comply with relevant Standards and be in good condition. The Contractor must inspect ladders prior to use. The Contractor must ensure that its Personnel are trained in safe work practices in relation to ladders. 11.2 Scaffolds All scaffolding used on site must comply with relevant laws and Standards. All scaffolding must be assembled by trained and licensed Personnel. 12) ELECTRICAL SAFETY All power leads, portable electrical tools used on Coles Group sites must be tested and tagged in accordance with AS/NZS 3760 and legislative requirements. Residual Current Devices (RCDs) must be tested before being brought on site. The Contractor must ensure that its Personnel are trained in safe work practices in relation to electrical equipment. Double adaptors may not be used on Coles Group sites. 13) SUB-CONTRACTORS The Contractor must ensure that all sub-contractors’ safety performance is monitored. 14) ADDITIONAL REQUIREMENTS For specific risks, safety requirements in addition to those above may be agreed between Coles Group and the Contractor. 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