by HSEI Training
Most businesses will engage an independent contractor at some point, but HSE International principal consultant Ashley Ward says many business owners are oblivious to the duties they owe these contractors.
Every business – whether they are for profit or not-for-profit – has responsibilities under provincial, state and federal occupational, health and safety (OHS) legislation. In all jurisdictions, the legislation states independent contractors engaged to undertake work for a business are considered to be workers of that business.
Businesses have a primary duty of care to any contractor they engage and to any workers they may have working for them. Under this duty, they must ensure their health and safety, so far as is reasonably practicable. Businesses cannot use a contract to limit or modify your statutory obligations. If they attempt to transfer their duty to an independent contractor via a contract, the provision will be invalid.
Five steps for exercising your duty of care
Developing a comprehensive contractor management system addressing the following elements is a key part of meeting your duty of care to independent contractors:
Selection: Select contractors based on their expertise, competence and OHS record. For example, are they properly licensed? Do they have references from commercial clients?
2: OHS documentation: Obtain and review all relevant contractor documentation, including competencies, high-risk work licences, insurances and safe work method statements (if applicable).
3: Orientation: Orientate all contractors in your OHS policies and procedures before they commence work. Provide contractors with information, instruction and training that is both easy to understand and relevant to the work they are engaged to perform.
4: The three Cs: Consult, cooperate and coordinate activities with contractors and others involved in the work.
5: Monitoring: Monitor contractors’ work activities to ensure they are carried out in accordance with your contractor management program and relevant OHS legislation.
Contractor duties
Contractors are not absolved of their duty of care to their own workers and others in a workplace just because they are retained by you. As a result, there may be complex and overlapping duties of care operating in the same workplace.
Where to find more help
HSE International can offer advice exploring in greater detail the subject of concurrent liability – where two or more parties are independently liable for the same incident.
Wse can also provide further information about how the contractor management system you devise might help to do that, as well as further information about how to conduct a due diligence check before a contractor starts work at your business.
Interested in Knowing More?
For in-depth advice about safety management, please contact one of our expert team today. https://www.hseigroup.com/contact.
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