Contractor OHS Obligations 080705

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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.
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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/)
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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
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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.
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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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