Contractors must follow NSW safety laws

Occupational Health & Safety Resource Kit.
Proudly brought to you by CEPU: NSW Telcommunications & Services Division

There is a perception amongst many employers that when they contract work out they avoid the consequences of many labour laws. Sometimes this is true but often it is not. But still employers like to think that they have washed their hands of responsibility.

Under NSW safety legislation most employers remain responsible for contractors through their duty of care to the self-employed and other people who visit a workplace. This is dealt with in the OH&S Act Clause 6 (Self-employed Persons) and Clause 8(2) (Others at workplace) and Clause 9 (Duties of self-employed persons).

Duty of care
The WorkCover Call Centre Guide makes it clear that employers have a duty to inform contractors about OH&S policy and activities in the workplace. Employers should "Clearly state what you expect of any contractors and visitors to the workplace. In general, this would include following any reasonable instructions and advice about their safety while in your workplace. The essence of your OHS policy is a written translation of your expectations and responsibilities.

"Address the safety of contractors who are working in the workplace. Their activities may place other workers and themselves at risk."

One of the more problematic areas the CEPU deals with is the difference between workers compensation laws when contractors work side by side with Telstra employees in Telstra call centres. Telstra employees are covered by the federal Act known as ComCare. Contractors are covered by the NSW Workers Compensation legislation.

However all employees whether self-employed, working for contractors or Optus or Telstra are covered by the NSW state OH&S laws. The OH&S laws are universal for all workers within the boundaries of NSW.

Managing contractors
Under Section 8(2) of the OH&S Act 2000 employers must ensure the health and safety of all their employees and other persons at the place of work. Therefore when employers engage contractors at their place of work they must ensure that the

contractors are not put at risk by the employer's activities and that the employer's employees and others at the place of work are not put at risk by the contractor's activities. Similarly when a contractor comes into a workplace they must ensure the health and safety of their own employees and not put others at risk as a consequence of their activities.

Therefore if your employer engages a contractor the contractors, employer and employees' OH&S reps should co-operate to ensure that all parties meet their health and safety responsibilities to people in the workplace. To do this three things should happen:

The principal employer should identify and assess the risks that the contractor or their employees may be
Telstra employees are covered by the federal Act known as ComCare. Contractors are covered by the NSW Workers Compensation legislation.
exposed to and the systems already in place or which need to be in place to eliminate or control them
The contractor should identify and assess the risks that may be caused by the contractor's undertakings in the workplace and what systems will be implemented to eliminate or control those risks.
Where necessary training, should be provided to ensure the health and safety of everyone in the workplace.

Following is a simple process taken from the WorkCover Safety Reps Toolkit which may help you to start managing contractors:

Determine what contractors are or will be used and what they are or will be required to do.
Determine who is to be responsible for managing contractors. If there is no one or the person or the persons who are currently responsible for contractors are not appropriate determine who the person or person should be.
Develop a Contractor Safety Plan to be completed as part of the contracting process
Supply Contractor Safety Plan to contractors as part of the contracting or tendering process
Review contractor safety performance as part of the contract management process.