WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
WHS Contractor
Management Procedure
(Incorporates Contractor
Selection, Induction and
Monitoring)
1.
Page 1 of 32
Version
No:
Issued:
Next
Review:
2
Jan
2011
Dec
2011
Overview
The Rural City of Murray Bridge has an obligation to ensure that Contractors engaged by the Rural City
of Murray Bridge have an understanding and commitment to WHS as well as competent providers of
goods and services they are contracted to provide.
2.
Core Components
The core components of this procedure aim to ensure:

Identification of site/activity hazards
Documented information relating to reasonably foreseeable site specific hazards is provided to the
potential Contractor for consideration in their submission

Requirement of information packages
The Contractor must provide documented evidence and examples of appropriate information as
set out below.

Assess the information from the contractor
A documented assessment that evaluates the Contractor’s submission to check the Contractor
adequately addresses the Council’s minimum WHS expectations for the proposed work.

Provision of appropriate information
Communication between Council and Contractor has taken place and is documented which
demonstrates that an appropriate corporate and site specific inductions have taken place, agreed
systems are in place and hazards/risks have been identified and appropriately controlled (Job
Safety Analysis or equivalent system have been received and are reviewed by Council before the
Contractor commences work).

Monitoring takes place
An appropriate risk based schedule is developed and implemented by the Council to monitor the
Contractor’s WHS compliance and systems are in place for addressing non-compliance

Process for Contractor evaluation
Systems are in place to evaluate the Contractor’s performance from an WHS perspective which
feeds back to preferred Contractor status.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
3.
Page 2 of 32
Definitions
Pre-qualified Contractors
List
Contract Manager
Monitoring
Job Safety Analysis
Procurement / Tender –
(Major Contracts)
A document which records those contractors (and the details of the
information provided) who have provided specific required information
upfront
A person nominated by the organisation and appropriately trained to
manage contracts on its behalf
Process of reviewing the activities undertaken to ensure they are being
conducted safely
A document which records the risks associated with an activity and the
controls to be followed to complete the activity safely
The implementation of a formal tender process is detailed in the
“Procurement and Financial Delegations Management Guidelines”
which outlines the procedure and provides information applicable to the
tender process, selecting the Contractor and implementing any contract
which exceeds $50,000. (example: footpath, paving and road
construction).
Procurement /Tender –
Long Term
(Minor Contract /
Quotations)
This is commonly used for regular maintenance of facilities and
servicing of equipment. (example: fire extinguisher maintenance, air
conditioning etc).
Procurement / Tender –
Short Term
(Minor Contract / Direct
Purchase)
This is commonly used for occasional / not ongoing provision of service
or goods.
(example: building repairs and maintenance, plumber for leaking pipes
etc).
4.
Measures
Contractor safety requirements are included in all Procurement / Tender processes.
Records are kept that demonstrate contractors and sub-contractors have been provided with induction,
have the appropriate training (where required) and have received the relevant information relating to the
contract work.
Audit outcomes of OHS&W Contractor Management inspections are available via the Project
Representative for each individual contract.
A register of required licenses and permits are available through the Pre-Qualified Contractors Register.
5.
Procedure
On receipt of a tender / quote for any services to Council, the applicant must provide Council with
essential documentation,(ie evidence of a WHS Management System which consists of any appropriate
licences / permits applicable to the job, job safety analysis / risk assessment and control measures for
identified hazards).
If no documentation - Council may assist the Contractor in the implementation of an
appropriate WHS Management System. (The Contractor must achieve this within a 12 month
time frame- failure to achieve an acceptable level (determined by Councils criteria) may result
in the Contractor being removed from the Council’s Pre-Qualified Contractors Register). The
contractor undergoes an WHS Contractor Induction.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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If documentation is provided – Contractor is registered in Council’s Pre-Qualified Contractors
Register, and undertakes a compulsory WHS Contractor Induction facilitated by Council.
6.
Review
This WHS Contractor Management Procedure shall be reviewed by the Rural City of Murray Bridge
WHS Committee at minimum within (12) twelve months of issued date.
7.
References
The fundamentals of Local Government Procurement
WHS Contractor Management – Selection, Induction and Monitoring
AS/NZS 4801 - WHS Management Systems
8.
Legislation
Work Health and Safety Act 2012
Work Health and Safety Regulations 2012
SIGNED: ……………………………………
Responsible Officer
Date: _____/_____/_____
……………………………………………….
Chairperson, OHS&W Committee
Date: _____/_____/_____
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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CONTRACTOR
Must meet essential
criteria requested in
INDEPENDENT
CONTRACTORS
‘REGISTRATION BRIEF’
Need to demonstrate:
 OHS&W Systems
 Hazard / Risk
Management
 Licenses / Permits
relevant to specific
contract (i.e. working at
heights etc)
 Insurances
 Work history
(Attachment 1)
PROCUREMENT/
TENDER PROCESS
1. Project proposal
2. Hazards identified by
Council staff
Completed Forms
Required
From Contractor
(Attachment 2)
3. Procurement / Tender
documentation
4. Assessment (OHS&W
requirements)
5. Contract
6. a) Purchase / Works
order
b) Standard Terms
and conditions
(Attachment 2 cont.)
 Job Safety
Analysis (JSA’s) /
Risk Assessments
for identified hazards
 Hazard Controls /
Safe Work
Procedures
(Attachment 4)
SITE INDUCTION
(By Project
Representative.)
 Site Specific
OHS&W Induction
for Contractors
 Hazard management
by contractors
 Site handover to
contractors (if
applicable)
(Attachment 5)
Site hand back to
council
(if applicable)
MONITORING OF
CONTRACTOR
(by Project
Representative)
Includes:
 Site / Contractor
Inspections
(Refer to note 1)
 Inspection Checklist
 Review of Safe Work
Procedures
 Job Safety Analysis
(JSA’s)
 Licenses / Permits
 Plant & Equipment
(Attachment 6)
INDUCTION
YE
N
O
HAZARD
MANAGEMENT
(CORPORATE)
OHS&W Induction for
Contractors
(Attachment 3)
Contracts &
Property
discuss criteria
which needs to
be met with
Contractor
CONTRACTOR LIST
Put on Councils PreQualified
Contractors Register
(Attachment 1 continued)
N
O
YE
Annual OHS&W
Contractors
Systems Audit
by Project /
Council
Representative
(Attachment 7)
YE
(Attachment 6
continued)
Note 1

Guidance Notes – When contractors are “deemed employees’, and how much control council will need to apply to
contractors. (OHSW Act Section 4.2)

Performing work that is council’s core business / what work council has to do under Acts, agreements,
contracts, etc.
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
The “extent of control” council has over the work being performed (what council would normally have
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control over if council was to perform the work)

If not deemed employees, there is no requirement for council to apply requirements of OHSW Act & Regs
to contractors, only general duty of care requirements.
CORRECTIVE
ACTION
To be undertaken
by Contractor



Inspections in accordance with
contract specifications; and/or
Monitoring frequency identified with
contractor; and/or
Dependent on length of contract;
and/or
Types and severity of risk
associated with contract
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Attachment 1 – Independent Contractors Registration Brief
REGISTRATION BRIEF
for
INDEPENDENT CONTRACTORS TO RURAL CITY OF MURRAY BRIDGE
Contact Officer:
Tara Wilde
Procurement Officer – Contracts and Property
Telephone: (08) 8539 1401 Fax: (08) 8532 2766
Email: t.wilde@murraybridge.sa.gov.au
PO Box 421
Murray Bridge SA 5253
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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ABOUT THIS BRIEF
INTRODUCTION
The Rural City of Murray Bridge (Principal) keeps a register of pre-qualified independent
contractors who may from time to time be asked to quote to provide certain routine services to
the Principal.
Where the Principal has need for those services, all things being equal and subject to other
usual procurement protocols, it would ask for quotes from several registrants and prefer one
of them. Inclusion on the register does not assure a registrant of any work, however.
At this time, the Principal applies a limit of 5 registrants per trade, though the Principal might
increase that limit at any time.
The services are: aluminium fabrication / asbestos removal / automatic doors / brickwork /
block work / masonry / underpinning / carpentry / joinery civil works (general civil, bitumen
repairs, earthmoving) concrete work (general) / data and communication / demolition /
electrical services / fencing / fire protection / floor finishing / landscaping / paving / lifts /
mechanical services (air-conditioning, fume cupboards, heating & ventilation) / metalwork /
painting / partitions / ceiling work (including suspended ceilings) / pest control / plastering /
plumbing / gas fitting / removalists / roofing & roof plumbing / shades & sails / signage /
surveyors / structural steel (general, stainless steel work) / tiling / waste management / water
proofing / window treatments (window film, glazing).
These kinds of services may be required for any asset at the time under the care, control and
management of the Principal, including Murray Bridge Council Offices.
PROCESS
Any independent contractor (sole trader, partnership or company) that provides requisite
services may apply to be registered.
To apply, the contractor (on invitation from the Principal or of its own volition) needs to give
the Principal a completed Application (see annexed) and attachments that form requires.
This Brief is initially being sent to contractors who provided relevant services to the Principal
in the last 12 months and whom the Principal is happy to work with again. At any time, this
Brief may also be sent to others, as the Principal chooses.
The information submitted is to be succinct and sufficient only for the Principal to assess the
Contractor for admission to the register. If all requisite information is not provided, the
Principal may decide not to approve the application. A Contractor may withdraw / vary their
application by so notifying the Principal. Admission to the register is at the Principal's
discretion. The Principal would consider the application and in due course notify the
Contractor of the outcome. The Principal failing to respond to an application does not signify
admission to the Register. At any time, the Principal may remove a registrant from the
register. Also, at any time, a registrant may request their removal from the register.
The Principal might request more detailed information at the time of seeking quotes for
individual jobs, should the registrant be asked to quote for that job.
If information a registrant provided to the Principal changes materially, within 5 working days
the registrant should notify the Principal giving reasonable details.
Please direct all enquiries to the person named on the cover of this Brief.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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PROCUREMENT TERMS & CONDITIONS
Unless agreed in writing otherwise, each time the Principal engages a registrant to provide a
service, the engagement would be on this following basis.

Preliminaries: At any time, the Principal may require evidence the registrant / its
subcontractor holds in good standing: (a) any requisite government or industry licence /
certification or trade qualification; and (b) insurances of the kind and cover indicated on
the application.

Goods & materials: The registrant must supply and install any materials, plant,
equipment, temporary works, parts or components the engagement requires. Any
goods / materials supplied must be new, fit for purpose, conform to the description
stated and any samples provided, free of encumbrances, accompanied by any usual
manufacturer's data sheets / operating or maintenance instructions / product
guarantees. Title and risk in goods / materials pass to the Principal upon being
delivered (installed, if required to be installed) and accepted by the Principal.

Equipment: Equipment the registrant / subcontractor uses must be fit for purpose and
used only in conformity with applicable laws and in a safe manner.

Workers: A worker the registrant / subcontractor uses must be of good character,
qualified, competent, inducted in safety and environmental protocols, properly
supervised, given and made to use appropriate safety clothing and equipment. The
registrant must ensure a worker used receives when due all benefits to which that
worker is entitled under applicable laws. As a continuing obligation, the registrant
indemnifies the Principal against all claims, liability, costs and expenses the Principal
incurs in respect of: (a) the employment of a worker used; (b) the injury or death of a
worker used (to the extent not caused by the Principal’s negligence); and / or (c) a claim
or finding that a worker used is an employee of the Principal.

Subcontractors: The registrant may not subcontract any work without the Principal’s
prior written consent.

Manner of work: Work must conform to (in descending priority): (a) applicable laws
(including those concerning health and safety, protection of the environment) and
mandatory codes of practice then current; (b) General Safety Handbook last issued by
Local Government Association Workers Compensation Scheme; (c) any reasonable
directions the Principal may give; (d) any specifications / drawings the Principal provided
for the engagement; (e) other stated requirements of the engagement; (f) any applicable
Australian Standard then current; and (g) the exercise of due care, skill and diligence.

Risk: If by reason of the registrant’s / its subcontractor's default or negligence, the
Principal claims under the Principal’s insurance, the registrant must pay any excess /
deductible for that claim.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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
Warranty: A warranty period of 90 days applies to any goods / materials / work
supplied. If the registrant’s own supplier of goods / materials grants a longer warranty
period however, that longer period applies for those goods / materials.

Prices: Are of the amount/s and payable at the time stated in the schedule of rates in
the registrant’s application (adjusted over time).

Assignment: The registrant may not assign the engagement except with Principal's
prior written consent.

Termination: The Principal may suspend / cancel an engagement if: (a) the Principal
reasonably believes the registrant to be insolvent; (b) the registrant is in material default
under any contract with the Principal; (c) it becomes unlawful for the registrant to
perform the engagement; (d) any information provided by the registrant in its application
or in an engagement is misleading or deceptive in a material particular; or (e) the
registrant, its subcontractor or worker does or allows anything that in the Principal's
reasonable opinion is likely to bring the Principal into disrepute.

Disputes: A dispute must be resolved by this process and without litigation: (a) first a
meeting between senior executives of the parties each having authority to resolve the
dispute; and (b) secondly, if the dispute is not resolved with 60 days after being first
notified by one party to the other, by referring the matter to arbitration.

Ombudsman Act: This Act empowers the Ombudsman to investigate any
“administrative act” –including an act done in the performance of functions conferred
under a contract for services with the Principal. The registrant agrees to comply with all
its obligations as may arise under that Act in relation to the engagement.

Other: Subject to all the above, an engagement is governed by a Standards Australia
form of contract most relevant to the engagement (e.g., AS 4305 - 1996 “Minor Works
Contract”).
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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APPLICATION FOR REGISTRATION
The person(s) named below as the Contractor now applies for registration on the register of
independent contractors kept by Rural City of Murray Bridge (Principal).
PART 1 - THE CONTRACTOR
Trading name: …………………………………………………..
Full legal name(s): .........................................................................................................
[Note: If a partnership, state the names of all members]
ABN: ....................................................................
Business Address:
........................................................................................................................…….........
........................................................................................................................................
Contact Person: Mr / Mrs / Ms .......................................................................................
[Note: The contact person must have authority to respond to any queries the Principal may have about the Application.]
Contact Address (if different from above):
……………………………………………….....................................................................
.......................................................................................................................................
Telephone Number: ....................................
Facsimile Number: ............................…….
Email Address: .................................……………………………………………...
PART 2 – SIGNATURE
Dated this................day of............................ 20…..
Signature: ..............................................................
Print name of person signing: ……………………………...………………..
Title of person signing: ………………………….........................................
The person signing warrants they have authority to complete, sign and submit this form on
behalf of the Contractor.
PART 3 – SCOPE OF SERVICES
The Contractor applies of registration for these kinds of service/s:
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
PART 4 - REGISTRATIONS & LICENCES
Item
Yes
No
Contractor registered for GST?
Contractor registered as an employer or exempt employer under the
Worker's Rehabilitation and Compensation Act 1986?
Contractor holds any relevant government or industry licence /
accreditation / certification?
Contractor requires similar registrations and licences from all relevant
subcontractors?
If yes to any of the above, provide evidence showing all conditions and endorsements
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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PART 5 – INSURANCE
Item
Yes
No
Contractor insured for public risk for at least $20 million?
Contractor insured for product / service warranty liability for at least $1
million?
Contractor insured for professional indemnity for at least $1 million?
Contractor insured against loss, damage or destruction of its property for
full replacement value?
Contractor insured for comprehensive property damage for road
vehicles in service?
Contractor requires subcontractors to hold the same kinds and levels of
insurance cover as above?
For non-vehicle insurances, provide a certificate of currency from a licensed insurance
broker
PART 6 - COMPLIANCE HISTORY
The following table concerns any matters applying at any time since 1 July 2004 to the
Contractor or, if the Contractor is more than one person, any of those persons (or their
respective related entity within the meaning of Corporations Act 2001 s. 9):
Item
Criminal proceedings for an offence involving dishonesty?
A proceeding (civil or criminal) to which Australian Competition and
Consumer Commission / Commissioner for Consumer Affairs (or
equivalent regulator outside South Australia) was party?
An environment protection order, a clean-up order, a clean-up
authorisation or proceedings (civil or criminal) under the Environment
Protection Act 1993 or regulations under that Act (or equivalent statute
outside South Australia)?
A worker suffered a compensable disability under the Workers
Rehabilitation and Compensation Act 1986 (or equivalent statute outside
South Australia)?
A default notice, improvement notice, prohibition notice or proceedings
for an offence under the Occupational Health, Safety and Welfare Act
1986 or regulations made under that Act (or equivalent statute outside
South Australia)
An industrial dispute that was referred to an official exercising a function
under the Fair Work Act 1994 (or equivalent statute outside South
Australia) or under the Workplace Relations Act 1996?
A proceeding under the Equal Opportunity Act 1984 (or equivalent
statute outside South Australia)?
Being named under the Equal Opportunity for Woman in the Workplace
Act 1999?
Yes
No
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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A person had recourse to retention money or other security for the
performance by them of work?
An arbitration / litigation in connection with work by them (other than to
collect debts owed to them or to recover damages from another party)?
A sanction under the National Code of Practice for the Construction
Industry?
A complaint by the Commissioner of Consumer Affairs alleging grounds
for disciplinary action under the Building Work Contractor's Act 1995 (or
equivalent regulator under an equivalent statute outside South
Australia)?
If yes to any of the above, provide details
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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PART 7 – METHOD OF WORKING
The following table concerns systems the Contractor now promises to deploy in performance
of any work awarded to them by the Principal and made relevant to that work
Item
A site-specific risk assessment system?
An environment protection system?
A quality system, including an inspection and testing regime?
A health and safety system, including protection of its own employees?
A contract management system?
If yes to any of the above, provide evidence
Yes
No
PART 8 – CAPABILITY
Item
Yes
No
Contractor has available adequate resources (including financial,
technological, physical and human resources) and experience to
perform any work the Principal may award?
Contractor engages subcontractors to perform substantially the whole of
work awarded to the Contractor?
Contractor employs experienced contract managers for each material
contract?
Contractor employs experienced site managers / supervisors for each
material contract?
Contractor can provide 3 referees (other than the Principal) for similar
work recently done?
If yes to any of the above, provide evidence – in case of referees, provide contact details
and approximate value of the work
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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PART 9 – SCHEDULE OF RATES
The Contractor offers the following schedule of rates (vary / add as needed)
Item
Description of work
1
2
Parts / materials / consumables / equipment hire.
Hourly rate for a suitably qualified person.
3
Hourly rate for a non-qualified person (such as an
apprentice or laborer).
4
Extra loading to the above hourly rate/s for work
necessarily or by the Principal's direction performed
out of business hours (i.e., Monday - Friday after 5
pm and before 8 am; any time on a weekend or
public holiday).
Unit
Per hour (and
pro rata in 15
minute
blocks)
Per hour (and
pro rata in 15
minute
blocks)
Per hour (and
pro rata in 15
minute
blocks)
Rate per unit
(before GST)
At cost* +...%
Notes to schedule of rates:
(1)
(2)
(3)
(4)
Rates stated are before any GST. In addition to rates, the Contractor may recover
from the Principal any GST for which the Contractor is liable on account of the supply.
Rates are fixed for 12 months from the date of the Application. On each
anniversary of that date, rates increase by the percentage change in the Consumer
Price Index (all groups index for Adelaide) since the start of the previous 12 months.
Work is charged at the rate applicable when the work was done.
* Cost means cost as purchased by the Contractor from an independent supplier,
minus any GST input tax credits allowable to the Contractor. At any time, the Principal
may require evidence of cost, including the original supplier’s invoice to the Contractor.
Rates stated include the cost of all the Contractor’s responsibilities under the
engagement including all necessary labour, incidental materials, preliminaries,
overheads, insurances, escalation and margin for full completion of the scope of work
as described In case of goods, a rate includes any weighing, packaging, delivery,
installation. In case of services, a rate includes any fee, levy, duty, cost, expense or
tax (except GST) incurred by the Contractor in providing the service.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
(5)
(6)
(7)
Page 14 of 32
The Principal is not liable to pay for a supply except after receipt of the Contractor’s tax
invoice. Within 14 days after receiving an invoice, the Principal should either approve
the invoice for the amount claimed, or notify the Contractor of any problem giving
reasonable details. The Principal pays an approved invoice (for the amount
approved) by the end of the calendar month following the month of the invoice's
date. The Principal may pay by cheque or, at the option of either party, by electronic
funds transfer in immediately available funds to a bank account nominated by the
Contractor. Payment of an invoice is a payment on account only and not an admission
of liability or evidence that the amount approved as due to the Contractor is the correct
amount. If the Principal in good faith disputes an invoice, the Principal may withhold
an amount in dispute pending resolution of the dispute.
The Principal may set off a claim against the Contractor against a claim the Contractor
may have against Principal on any account. If an obligation of the Contractor is for
damages yet to be assessed or otherwise unascertained, the Principal may set off an
amount estimated by Principal in good faith on account of such obligation, without
prejudice to parties’ obligation to account for any shortfall or excess.
The Principal is not obliged to pay the Contractor for services provided until the
Contractor has provided to the Principal in form acceptable to the Principal: (a) any
security the engagement requires; (b) evidence of those insurances, site-specific risk
assessment and other preliminary documents the purchase order requires; (c) any
copies of records of the work the engagement requires; and (d) if the Principal so
requires, evidence that payments to subcontractors / workers engaged in the work
have been made when due.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Pre-Qualified Contractors Register
FROM:
DEPT.
CONTRACT
TYPE
CONTRACTOR DETAILS
/
TO:
/
Public Liability
Insurance
Company name
Policy number
and insured $
amount
Public
Liability
policy
expiry date
WorkCover
Registration
Number
WorkCover
registration
expiry date
/
Licenses
Held
/
Certificates /
Qualifications
held
OHSW
Systems
Policies
Procedures
Corporate
induction
date
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Attachment 2 - Hazard Identification relating to this Contract


Prior to engaging a contractor, the work must have the hazards identified by Council.
Where there are hazardous components relating to the work, the relevant Controls / Precautions should also be
identified as well as any Licence / Permit Details recorded by the Contractor.
The Identification Table below is not all encompassing and any additional hazards identified should also be recorded
with this document.

Prior to the commencement of any work / services, the Contractor is required to further confirm the hazard/s
identified, Controls / Precautions and Licenses / Permit Details as documented here.
Identification Tables
HAZARDS IDENTIFIED
RE THIS CONTRACT


HAZARDS IDENTIFIED
RE THIS CONTRACT
HAZARDS IDENTIFIED
RE THIS CONTRACT

HAZARDS IDENTIFIED
RE THIS CONTRACT
Traffic / Pedestrians
Heat Source
Uneven Slippery Surface
Compressed air /
Pressure / Vacuum
Confined Space
Working at Heights
Asbestos / Lead
Soil Contamination
Working in Isolation
Working over Pit / Hole
Sun, UV, Rain , Wind
Manual Handling /
ergonomics
Restricted Access
Services underground /
overhead hazards
Poor House keeping
Moving Machinery
Electrical
Falling objects
Poor Lighting
Trenching / Excavation
Fire / Explosion
Noise
Gas / Fumes
Chemical Exposure
Mobile Plant
Welding

Controls and Precautions Tables
CONTROLS / PRECAUTIONS RE
THIS CONTRACT
Physical Isolations:

CONTROLS / PRECAUTIONS RE
THIS CONTRACT
Plant and Equipment:

CONTROLS / PRECAUTIONS RE
THIS CONTRACT

PPE:
Traffic Management
Scaffolding
Head wear (sun hat / hard hat /
welding helmet)
Electrical
Ladder
Eye wear (sun and safety glasses/goggles/face shields)
Gas
Forklift / forklift work box
Hearing Protection
Water
MSDS
Respirator / Mask
Hydraulic
Elevated Work Platform
Wet weather gear
Pneumatic
PPE:
Gloves (safety / chemical / heavy
duty / riggers)
Barricading
Clothing (long sleeved shirt / trousers
/ coveralls
Safety Harness
High Visability Vest
Spill Containment Kit
Safety Boots
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Page 16 of 32
WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
Page 17 of 32
RECORD DETAILS OF LICENCES AND PERMITS IN THE TABLE BELOW
LICENCE / PERMIT DETAILS RE THIS CONTRACT
LICENCE / PERMIT DETAILS RE THIS CONTRACT
Work Zone Traffic Management:
Hot Work:
Confined Space:
Working at Heights:
Plant Registration:
Certificate of Competency:
Electrician / Electrical fitter, line worker and cable jointer /
Trades people with restricted electrical licence / Plumber
and gas-fitter / Carpenter and joiner, bricklayer and builder /
Refrigeration and air-conditioning mechanic /
Auto-gas installer
Dangerous Substances:
---------------------------------------------------------Details:
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Page 17 of 32
WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
Page 18 of 32
STANDARD TERMS AND CONDITIONS OF PURCHASE / WORKS
1.
The Contract
These general terms and conditions form the Contract (“the Contract”) between the Rural City of Murray Bridge and the Supplier. No
other terms and conditions or other documents are relevant unless expressly acknowledged & referenced in or attached to this
document. If any special conditions are specified in page 1 of this Contract they form part of the Contract and prevail over the balance
of the Contract to the extent of any inconsistency
2.
Application
This Contract shall:
3.
2.1
apply to all Products and/or Works supplied by the Supplier to the Rural City of Murray Bridge and the Supplier shall be deemed
to have read and agreed to this Contract prior to filling any order for the Products and/or Works; and
2.2
prevail over all inconsistent terms and conditions of the Supplier’s terms and conditions of sale or any other documents provided
by the Supplier unless the Rural City of Murray Bridge expressly agrees otherwise in writing.
Definitions
In this Contract:
4.
3.1
“Rural City of Murray Bridge” means The Rural City of Murray Bridge ABN 90 501 266 817 and its employees, agents and
servants;
3.2
“GST” means goods and services tax as imposed by the GST law;
3.3
“GST law” includes A New Tax System (Goods and Services Tax) Act 1999 and all associated legislation;
3.4
“Intellectual Property” means all rights conferred by statute, common law or equity in and in relation to patents, inventions,
registered and unregistered designs, registered and unregistered trade marks, trade names, logos and get up, circuit layouts,
confidential information, copyright and moral rights and all other rights resulting from intellectual activity in the industrial, scientific,
literary or artistic fields;
3.5
“Products” means the products supplied by the Supplier to the Rural City of Murray Bridge as set out in the Product Description
on page 1 of this Contract; and
3.6
“Specifications” means any specifications issued by the Rural City of Murray Bridge for the Products or Works as set out on
page 1 of this Contract;
3.7
“Works” means any works to be performed by the Supplier under this Contract as specified on page 1 of this Contract together
with any additional works necessary for the performance of the contract.
Supply
The Supplier has agreed to supply the Products and/or Works and the Rural City of Murray Bridge has agreed to purchase the Products
and/or Works on the terms set out in this Contract.
5.
The Parties’ Representatives
The parties may each appoint representatives to exercise the duties, discretions and powers vested in them under this Contract and if
they do so, notice of the appointments and any limitations or restrictions noted thereon shall be given in writing immediately on the
appointment.
6.
7.
Delivery of Products
6.1
The Supplier shall deliver the Products and Works by the Delivery Date specified on page 1 of this Contract. The Supplier shall
not be entitled to delivery by portion, unless mutually agreed in writing.
6.2
Unless otherwise specified in this Contract delivery will be taken to have occurred when the Products are off-loaded at the
premises where the Rural City of Murray Bridge has requested delivery to be made.
6.3
Title to and property in the Products will pass to the Rural City of Murray Bridge on delivery of the Products.
Service Standards
The Supplier shall:
7.1
perform the Works in a professional and competent manner with due care, skill and diligence and within the time specified on
page 1 of this Contract or such other time as shall be agreed in writing between the parties;
7.2
comply fully and promptly at its own expense in all things with all applicable standards, codes of practice, statutes, acts,
ordinances, by-laws, proclamations, orders or regulations at present or at any time in the future affecting or relating in any way to
the performance of the Works and with all requirements which may be made or notices or orders which may be given in respect
of anything affected by such Works;
7.3
unless otherwise agreed in writing, provide at its own cost and expense all supervision, labour, materials plant, tools and
equipment, transport and temporary works as may be required for the performance of the Works;
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Page 18 of 32
WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
8.
Page 19 of 32
7.4
be responsible for the care of the Works from the date of commencement until completion, including the care, storage and
protection of unfixed items and items provided by the Rural City of Murray Bridge (if any);
7.5
provide, erect and maintain all barricades, fences, signs, lighting and temporary works necessary for the protection of the Works,
other property and for the safety and convenience of the public.
Warranties by the Supplier
8.1
The Supplier warrants that the Products and Works will:
8.1.1 be of good merchantable quality and fit for their purpose;
8.1.2 (in the case of Products) be new, unless otherwise notified in writing by the Supplier;
8.1.3 conform with the description and specifications on page 1 of the Purchase Order (unless varied in accordance with Clause
11);
8.1.4 for a period of 2 years or such longer Warranty Period specified on page 1 of this Contract, operate in accordance with the
specifications supplied by the Rural City of Murray Bridge in respect of the Products, and otherwise in accordance with the
operation of similar products.
9.
8.2
If any Product or Works is or are found to be defective in accordance with Clause 8.1.1 above or does not or do not otherwise
comply with Clauses 8.1.2 and 8.1.3 above and the Rural City of Murray Bridge notifies the Supplier of such defect during the
above warranty period, the Supplier shall, at its own cost, promptly replace the Product and deliver the same to the Rural City of
Murray Bridge or rectify any defects in the Works within the Warranty Response Time specified on page 1 of this Contract.
8.3
Failing rectification by the Supplier, the Rural City of Murray Bridge may rectify defects itself at the cost of the Supplier.
Amounts Payable by the Rural City of Murray Bridge
The Rural City of Murray Bridge shall, unless otherwise specified in the Payment Terms on page 1 of this Contract, pay the price
specified on page 1 of this Contract by cheque or electronic funds transfer within 30 days of the end of the month in which the invoice is
issued provided that the invoice is issued after full delivery of the Products or completion of the Works.
10. GST
10.1 All amounts payable under this Contract are expressed to be inclusive of GST, where applicable.
10.2 The Supplier shall provide the Rural City of Murray Bridge with an invoice that complies with the requirements of the GST law in
relation to the Products and/or Works.
11. Variations
This Contract may be varied only in writing and signed by each party.
12. Confidential Information
12.1 Notwithstanding the delivery of the Products and/or Works or termination of this Contract, the Supplier shall not without the prior
written consent of the Rural City of Murray Bridge:
12.1.1 disclose to any third party; or
12.1.2 use for any purpose other than solely for the purpose of providing Products and Works to the Rural City of Murray Bridge
any Confidential Information relating directly or indirectly to the Rural City of Murray Bridge or provided to the Supplier by the
Rural City of Murray Bridge. Without limiting the forgoing, the Supplier shall not, without the prior written consent of the Rural City
of Murray Bridge, use such Confidential Information for the purposes of providing products or works to any third parties any where
in the world.
12.2 For the purpose of Clause 13.1, Confidential Information includes:
12.2.1 drawings and specifications provided by the Rural City of Murray Bridge to the Supplier;
12.2.2 information that is by its nature confidential;
12.2.3 information that is designated by the Rural City of Murray Bridge as confidential;
12.2.4 information that has commercial value; and
12.2.5 information that the Supplier knows or ought to know is confidential.
It does not include information that is or becomes public knowledge and has been confirmed publicly by the Rural City of Murray
Bridge, or that is required by law to be disclosed.
13. Intellectual Property
13.1 Each party acknowledges that the ownership of and all rights in relation to Intellectual Property of either party or any third party
that pre-exist this Contract are and remain the property of that party and that there is no change to any right, title or interest in
Intellectual Property by virtue of this Contract.
13.2 Except in relation to or by reason of any drawings or specifications provided by the Rural City of Murray Bridge to the Supplier,
the Supplier warrants that the Products and Works will not infringe the Intellectual Property of any third party.
13.3 Subject to the preceding clauses, the ownership of Intellectual Property produced as a result of this Contract vests solely in the
Rural City of Murray Bridge immediately on its creation.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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13.4 The Supplier is granted a royalty free non-transferrable non-exclusive licence to use any Intellectual Property:
13.4.1 produced as a result of this Contract; or
13.4.2 relating to the drawings and specifications or the Confidential Information provided by the Rural City of Murray Bridge to the
Supplier
solely for the purpose of providing Products and Works to the Rural City of Murray Bridge and for no other purpose except with the
prior written consent of the Rural City of Murray Bridge.
14. The Rural City of Murray Bridge Consent
Where any consent of the Rural City of Murray Bridge is required under this Contract, such consent may be granted or withheld at the
Rural City of Murray Bridge’s absolute discretion or granted subject to any conditions the Rural City of Murray Bridge considers fit.
15. Supplier Indemnities
The Supplier shall indemnify and keep indemnified the Rural City of Murray Bridge from and against all actions, proceedings, claims,
demands, charges, penalties, expenses and all other liabilities of whatsoever nature arising from or in relation to the performance or
non-performance of any of the Supplier’s obligations under this Contract.
16. Insurance
16.1 The Supplier must maintain at all times the insurances required by page 1 of this Contract and for not less than the cover
specified.
16.2 The Supplier must maintain the required insurances for not less than 6 years following delivery of the Products and completion of
the Works unless otherwise specified on page 1 of this Contract.
16.3 The Supplier must provide Certificates of Currency in respect of the above insurances prior to commencing the works and when
reasonably requested to do so by the Rural City of Murray Bridge.
17. Work Cover
For the avoidance of doubt and where applicable:
17.1 The Supplier shall comply with the provisions of the Occupational Health, Safety and Welfare Act, 1986 (“OHS&W Act”) and all
associated regulations, including those adopted by the Rural City of Murray Bridge, and will ensure that its employees comply
with all regulations, improvement notices, prohibition notices and codes of practice issued there under and having application to
this contract.
17.2 The Supplier acknowledges that the Rural City of Murray Bridge has duties imposed on it by the OHS&W Act and as such has the
right to ensure that the Supplier complies with the OHS&W Act.
17.3 The Supplier shall comply with all reasonable directions and procedures relating to security and occupational health, safety and
welfare as required by the Rural City of Murray Bridge when the Works are to be undertaken at premises or facilities of the Rural
City of Murray Bridge.
17.4 The Supplier agrees to immediately notify the Supplier of any incident or accident arising from the undertaking of the contract
including those involving the public.
18. Disputes
All disputes or differences between the Rural City of Murray Bridge and the Supplier shall be referred to an arbitrator who shall be
mutually agreed upon by the parties and in the absence of agreement, shall be appointed by the President of the Local Government
Association of South Australia.
19. Termination
Without prejudice to any other rights, remedies or liabilities for prior breach or non-performance, the Contract may be terminated:
19.1 by mutual agreement at any time and on any conditions required by the Rural City of Murray Bridge;
19.2 on frustration of the Contract;
19.3 on either party becoming bankrupt or insolvent (as defined by the Corporations Act);
19.4 at any time by the Rural City of Murray Bridge upon giving 30 days’ notice to the Supplier in which case, in the absence of any
breach by the Supplier, the Rural City of Murray Bridge will remunerate the Supplier for the Works performed to the date of that
termination.
20. Transfer or Assignment
The Supplier may not transfer or assign all or any part of this Contract without the prior written approval of the Rural City of Murray
Bridge.
21. Force Majeure
Where a party is unable, wholly or in part, by reason of an act of God or any other cause which is not reasonably within the control of
the party affected (‘force majeure’), to carry out any obligation under this Contract, that obligation is suspended so far as it is affected
by force majeure during the continuance thereof provided that an obligation to pay money is never excused by force majeure.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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22. General
22.1 In addition to any other method of service permitted by law notices shall be deemed to be properly served if sent to the recipient
by prepaid mail, personal delivery or facsimile.
22.2 No waiver of, or any consent to any departure by either party from, a provision of this Contract is of any force or effect unless it is
confirmed in writing, signed by the parties and then that waiver or consent is effective only to the extent to which it is made or
given.
22.3 The failure, delay, relaxation, or indulgence on the part of either party in exercising any right under this Contract does not operate
as a waiver of that right, nor does any single exercise of any right preclude any other or further exercise of it or any other right
under this Contract.
22.4 If any provision of this Contract is invalid and not enforceable in accordance with its terms, all other provisions which are
self-sustaining and capable of enforcement without regard to the invalid provisions shall be and continue to be valid and
enforceable in accordance with their terms.
22.5 Nothing in this contract constitutes the Supplier as the partner, joint venturer, servant, agent or employee of the Rural City of
Murray Bridge for any purpose whatsoever.
22.6 This Contract is governed by the laws of the State of South Australia.
22.7 No rule of construction shall apply to the interpretation of this Contract which will result in this Contract being interpreted in favour
of any one party over another.
22.8 This Contract shall bind and enure for the benefit of the parties and their respective successors, permitted assigns, administrators
and personal representatives.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Attachment 3 - Contractor Corporate Induction
Not Attached – will be discussed with contractor once application has been processed and approved.
-
Contractor Induction Manual documentation located in TRIM # 11/2738
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Attachment 4 – Hazard Management - Job Safety analysis
Name of Assessors:
Name and Number of Risk
Assessment:
Date of Adoption:
Last Review Date:
Number:
Method undertaken for risk
assess. eg. visual inspection:
Location:
(department, depot, etc)
Special notes:
Reference Documents:
(Aust Standards, Regs, other SOPs, etc)
Licences / Training Required:
Risk Calculator
Definitions
Permanent Incapacity
Major Medical Treatment
Minor Medical Treatment
Short Term Discomfort
No.
Hierarchy of Hazard Control
Likelihood of Injury Happening
Consequence
C1. Major Injury
C2. Severe Injury
C3. Minor Injury
C4. Negligible Injury
Basic Job / Steps
L1.
Very Likely
L2.
Likely
L3.
Unlikely
High
High
High
Medium
High
High
Medium
Low
High
Medium
Low
Low
Hazards & Potential Accidents
L4.
Highly Unlikely
Medium
Low
Low
Low
Likeliho
od
Severity
1. Eliminate
2. Substitute
3. Engineering Controls
4. Administrative Controls
5. Personal Protective Equipment (PPE)
Risk
Rating
Current Controls, additional
Suggested & Implemented Controls
1.
2.
3.
4.
5.
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
Page 24 of 32
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
Page 25 of 32
Corrective Action / Continuous Improvement Plan:
No
Corrective Action
Resp. Person
Estimated
Completion
Date
Date
Completed
Entered on
Haz. Register
Yes/No
Outcome
Assessor Comments:
Signature:
Date:
/
/
Date:
/
/
Supervisor/Manager Comments:
Signature:
Review Comments: (following tabling at consultative/OHSW meetings  or when risk assessment review is undertaken )
Signature:
Date:
/
/
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
Page 26 of 32
Attachment 5 - Site Induction
Site Induction
Date of
Induction:
Contractor:
Contractor contact person:
Contact No.:
Council Superintendent:
Contact No.:
Location of Induction:
Location of Contract Work:
ITEM
DETAILS / COMMENTS

How to access Council Contact
person:
Daily start and finish times:
Access to building/s:
Access to work area/s:
Impact on public:
(How will this be minimised?)
Emergency plan:
First aid:
Reporting of incidents /
accidents:
Environmental requirements:
Clean up of work site area:
(During and at completion)
Use of chemicals:
(Material Safety Data Sheets)
Noise:
(Noise level readings)
Waste disposal:
Work Zone Traffic
Management Plans
Contractor signature: …………………………………………..
Date: ……..………………
Person conducting Site Induction:………………………………………..
Date: ..……………………
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Attachment 6 – Monitoring
Monitoring Hazards identified for this contract
The checklist below should be completed by transferring the identified hazards for this contract to the first column. Monitoring of compliance with agreed
terms of addressing these safety matters shall be recorded by marking items not complying in the columns 1 st Check, 2nd Check, 3rd Check and 4th
Check. Corrective action to be taken should be recorded and the Date Completed being registered once the actions have been completed.
HAZARDS IDENTIFIED
RE THIS CONTRACT

Identified
for this
contract
X
X
X
X
Action
Requ’d
1st
Check
Action
Requ’d
2nd
Check
Action
Requ’d
3rd
Check
Action
Requ’d
4th
Check
CORRECTIVE ACTION TO BE TAKEN
DATE
COMPLETED
SIGNED
Traffic
Confined Space
Working in Isolation
Restricted Access
Electrical
Fire / Explosion
Mobile Plant
Pressure / Vacuum
Heat Source
Working At Heights
Working Over
Pit / Hole
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Overhead hazard
Falling Objects
Noise
Manual Handling
Moving Machinery
Uneven Slippery
Surface
Asbestos
Sun, UV, Rain,
Wind
Poor Housekeeping
Poor Lighting
Hazardous Gas
Chemical Exposure
Welding
OTHER:
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Monitoring use of Controls / Precautions re this contract
The checklist below should be completed by transferring the identified hazards for this contract to the first column. Monitoring of compliance with agreed terms of addressing these safety
matters shall be recorded by marking items not complying in the columns 1st Check, 2nd Check, 3rd Check and 4th Check. Corrective action to be taken should be recorded and the Date
Completed being registered once the actions have been completed.
CONTROLS /
PRECAUTIONS RE
THIS CONTRACT

Identified
for this
contract
X
X
X
X
Action
Requ’d
1st
Check
Action
Requ’d
2nd
Check
Action
Requ’d
3rd
Check
Action
Requ’d
4th
Check
CORRECTIVE ACTION TO BE TAKEN
DATE
COMPLETED
SIGNED
Physical Isolations:
Traffic
Management
Electrical
Gas
Water
Hydraulic
Pneumatic
Barricading
Plant & Equipment:
Scaffold
Ladder
Forklift / work box
MSDS
Elevated Work
Platform
PPE:
Head wear (sun hat/hard
hat/welding helmet)
Eye wear (sun or safety
glasses/goggles/shields)
Hearing Protection
Respirator / Mask
Wet weather gear
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
Page 30 of 32
Gloves (safety/chemical/
heavy duty/ riggers)
Safety Harness
Spill Containment Kit
Safety boots
Clothing (long sleeved
shirt / trousers / coveralls)
High Visibility Vest
OTHER:
Monitoring of safety practices re this contract
Safety Practices Inspection checklist
1.1
Is there evidence of risk assessment/s for the various project activities and tasks?
1.2
Are there JSAs, SOPs, Work Instructions or other documented safe methods of work
available?
1.3
Have site inductions been completed and are records available?
1.4
Have hazards to safety been identified and are they being controlled?
1.5
Are incident / accident report forms available on site?
1.6
Is housekeeping acceptable? (storage, safe access, slips & trips, trailing electrical cables)
1.7
Is there a First Aid kit on site appropriate to needs and someone trained where required?
1.8
Has the contractor been issued with any Improvement / Prohibition Notices by SafeWork SA
(If so, forward a copy to Risk Officer)
Safety Practices Corrective Actions:
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Corrective Actions Sign Off
Monitoring Hazards identified re this contract.
The corrective action indicated above has been completed.
Council Contract Superintendent:
Date:
/
/
Contractor Representative:
Date:
/
/
Monitoring use of Controls/Precautions re this contract.
The corrective action indicated above has been satisfactorily completed.
Council Contract Superintendent:
Date:
/
/
Contractor Representative:
Date:
/
/
Monitoring of safety practices re this contract.
The corrective action indicated above has been satisfactorily completed.
Council Contract Superintendent:
Date:
/
/
Contractor Representative:
Date:
/
/
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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2
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Attachment 7 – Contractor OHS&W Systems Audit
Not Attached – Contractor Systems will be audited once Contractor has been engaged in the
provision of works or services.
Contractor OHS&W Systems Audit Checklist documentation located in TRIM #11/2730
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