Contractor OHS Management

Policy

This policy sets out to minimise health, safety and wellbeing risks in schools associated with the selection, management and monitoring of contractors and the works they undertake.

Summary

• The Occupational Health and Safety (OHS) Act 2004 (Vic) requires schools, so far as is reasonably practicable, to provide and maintain a working environment that is safe and without risks to health, including when work is undertaken by contractors.
• The principal and/or their delegate must manage OHS risks associated with engaging contractors and ensure that contractors are provided with relevant OHS induction, training and information.
• The principal and/or their delegate are responsible for ensuring that all contractors meet the requirements mentioned in this policy and that any OHS risks associated with the contractors’ activities are eliminated or reduced.
• Under the OHS Act 2004, employees while at work must take reasonable care for their own health and safety and the safety of others who may be affected by their actions or omissions.
• Central and regional offices provide a range of supports and services to assist principals and employees to be safe and well, including access to the OHS Advisory Service and regional OHS support officers who can provide free advice on managing risks related to contractors.
• Central office is vetting and pre-approving specialist OHS providers that can be engaged by schools for tasks or works, including:
  • arborists – tree inspection and maintenance specialists
  • electricians
  • first aid kit supply and inspection
  • hazardous chemical waste removalists
  • height safety specialists
  • management of beehives and swarms specialists
  • OHS consultants
  • plant and equipment inspection and maintenance specialists
  • playground equipment inspection and maintenance specialists
  • structural engineers
  • shade sail specialists
  • testing and tagging specialists
  • wildlife handlers – snake specialists.
    For further information and to access the directory, refer to OHS Provider Directory on eduGate (staff login required).
• The principal and/or their delegate can request contractors currently engaged by the school if in the above categories be managed by central office by emailing employee.wellbeing.reforms@education.vic.gov.au
• Specialist OHS providers can apply to become pre-approved by completing the application form, attaching relevant certificates, licences and documents and submitting their application form to the above email address.
• The Contractor OHS Management Procedure (in the Procedure tab) must be followed and provides the practical step-by-step instructions to implement this policy.
• This policy forms part of the department’s OHS Management System, see OHS Management System (OHSMS) Overview for further information.

Details

For all contractors, the principal and/or their delegate must ensure that:

• contractors who are engaged by the school are approved by verifying relevant details (as per the Contractor OHS Management Procedure) prior to the commencement of works
• once contractors are approved, their details are added to the Contractor Register (XLSX) or equivalent template
• all contractors and sub-contractors are inducted using the Contractor OHS Induction Checklist (DOCX) or equivalent template.

For contractors who work with children (for example, music lessons or sports coaching) the principal and/ or their delegate must ensure that they follow the department’s policy on Working with Children and other Suitability Checks for Volunteers and Visitors which includes information on all suitability checks including Working with Children Checks (WWCC).

For contractors who undertake work in confined spaces, the principal and/or their delegate must ensure that the requirements outlined in the Confined Space Policy are followed.

For contractors who undertake high-risk works (for example, working at heights, demolition work, asbestos removal work, use of mobile plant such as forklifts) the principal or their delegate must ensure that:

• in relation to high risk works, contractors provide a Safe Work Method Statement (DOCX) (SWMS) or equivalent, prior to the commencement of high-risk works (refer to Contractor OHS Management Procedure in the next tab for further instruction)
• the contractor’s SWMS is reviewed and signed to verify it has been sighted, prior to any works commencing and is retained on file.

To manage the ongoing work of contractors, the principal or their delegate must ensure that:

• general supervisory power is retained over general work undertaken by a contractor
• if the contractor fails to comply with OHS requirements or is working in an unsafe manner, work with them to rectify the non-conformance with the contractor in question
• if the contractor fails to comply after consultation, communicate to the contractor to cease work immediately. A contractor can then be issued with a Contractor OHS Non-Conformance Report (DOCX) if deemed required and the works be terminated
• employees, volunteers, students, parents and visitors are informed of any risks, or any special arrangements that are put in place during contractor works
• all incidents involving contractors are reported on eduSafe Plus and investigated as per the Reporting and Managing School Incidents (including Emergencies).

Definitions

Confined Space
Defined as:

• having an enclosed or partially enclosed space with restricted entry and exit
• containing an oxygen concentration outside the safe oxygen range
• containing a concentration of airborne contaminants that may cause impairment, loss of consciousness or asphyxiation
• containing a concentration of flammable airborne contaminant that may cause injury from fire or explosion
• risk of engulfment in any stored substance (for example, grain, sand or saw dust) except liquids

Examples of confined spaces include storage tanks, silos, ducts, chimneys, underground sewers, wells, or any shaft or trench.

Contractors
Include any service providers or individuals who are not direct employees of the department who are providing services or works in relation to maintenance and repair work and other contracted services engaged by schools such as cooking demonstrations, sports coaching and other activities including workshops and excursions.

eduSafe Plus
The department’s online hazard and incident reporting and management application accessible on the intranet at eduSafe Plus. Employees log on using their employee number and password.

Safe Work Method Statement
Safe Work Method Statement (DOCX) (SWMS) is a document that describes the high-risk work being performed, the health and safety risks associated with the work and the risk control measures that will be applied to ensure the work is carried out in a safe manner.

A Job Safety Analysis (JSA) or equivalent may be used instead of a SWMS if it contains the same information.

Related policies

• Confined Spaces
• Managing and Reporting School Incidents (Including Emergencies)
• Occupational Health, Safety and Wellbeing Management in Schools
• OHS Consultation and Communication
• OHS Risk Planning and Management
• Working with Children and other Suitability Checks for School Volunteers and Visitors

Relevant legislation

• Occupational Health and Safety Act 2004 (Vic)
• Occupational Health and Safety Regulations 2017 (Vic)

Contractor OHS Management Procedure

The Contractor OHS Management Procedure provides the practical step-by-step instructions that must be followed to implement this policy.

It contains the following chapters:

1. Services requiring a contractor
2. Approval of centrally or regionally engaged contractors
3. Contractor OHS induction
4. Provision of Safe Work Method Statements for high-risk work
5. Supervision of contractors
6. Contractor OHS non-conformance
7. Consultation and communication
8. Incident reporting
9. Record keeping
10. Legislation, compliance codes, standards and guidance

1. Services requiring a contractor

Where works or services are identified that cannot be completed by a school employee, a contractor may be engaged. Examples include:

• air conditioning maintenance
• plumbing and electrical repairs
• painting
• roof plumbing
• window cleaning and repairs
• pest control
• cooking demonstrations
• music lessons
• physical education coaching
• workshops and incursions

2. Approval of centrally or regionally engaged contractors

The relevant central or regional office representative is responsible for approving engaged contractors, for example, for capital and project managed works.

2.1 Approval of school engaged contractors

The principal and/or their delegate must approve school-engaged contractors by verifying the following details, prior to the commencement of works:

• workers’ compensation and public liability insurance (the department’s stipulated minimum cover for public liability is $10 million. For further information, refer to Insurance for Schools
• relevant suitability checks (for example Working with Children Checks) in accordance with the department’s policy on Working with Children and Other Suitability Checks for School Volunteers and Visitors and local school policy requirements for those contractors who are contracted to work with children (for example, music lessons and sports coaching)
• if high-risk work is being undertaken, a specific Safe Work Method Statement (DOCX) or equivalent that is relevant to the work being undertaken
• where working in a confined space, follow the Confined Spaces Policy and Procedure.

2.2 Provider pre-approval process

The department is making it easier for schools to engage contractors by pre-approving the following categories of providers:

• arborists – tree inspection and maintenance specialists
• electricians
• first aid kit supply and inspection
• hazardous chemical waste removalists
• height safety specialists
• management of beehives and swarms specialists
• OHS consultants
• plant and equipment inspection and maintenance specialists
• playground equipment inspection and maintenance specialists
• structural engineers
• shade sail specialists
• testing and tagging specialists
• wildlife handlers – snake specialists.

Pre-approved provider details will become available to all schools via the Simplifying the Engagement of Specialist OHS Providers web page.

Schools will be required to request a quote for services as per the Procurement – Schools Policy.

To apply to become pre-approved provider:

1. complete the application form (DOCX)
2. attach all relevant certificates, licences and other documents requested
3. submit your completed application form and relevant documents to employee.wellbeing.reforms@education.vic.gov.au
4. for more information, refer to: Simplifying the Engagement of Specialist OHS providers — Application and Assessment Guide (DOCX).

2.3 Record approved school engaged contractors

The principal or their delegate must record approved contractors in the Contractor Register (XLSX) or equivalent template. The equivalent template must include the following information:

• company name
• individual contractor name
• services provided
• address
• telephone number
• email address
• licence details (for example, electrician licence number)
• Public Liability Insurance expiry date
• Workers’ Compensation Insurance expiry date (not required for sole traders)
• induction date
• completion of SWMS.

Note: Not applicable for contractors being managed by central office.

3. Contractor OHS induction

The principal and/or their delegate (for example, facilities manager) must induct all contractors and sub-contractors using the Contractor OHS induction checklist (DOCX) or equivalent template.

Contractor inductions are valid for 12 months, except where the provision of a SWMS is mandated for high-risk work (see chapter 4). In this instance, the contractor must be re-inducted.

If an equivalent template to the Contractor OHS Induction Checklist is utilised, it must include the following details:

• workers’ compensation and public liability insurance
• Working with Children Checks (if applicable)
• a specific Safe Work Method Statement (DOCX) or equivalent if high-risk work is being undertaken
• completed confined space entry permit(s) if contractor(s) will be undertaking confined work
• the Department’s Health, Safety and Wellbeing Policy
• OHS procedures and requirements
• emergency procedures
• asbestos management processes
• hazardous substance or dangerous goods management processes
• hazard and incident reporting
• first aid and infection control procedures
• personal protective equipment (PPE)
• security and access
• contractor behaviour or conduct while on site or school premises.

The Contractor OHS induction handbook (DOCX) can be used to assist in providing guidance on school-specific and Department OHS requirements to contractors.

3.1 Sign in and sign out

As part of the contractor’s OHS induction process, the principal or their delegate is to inform all contractors and sub-contractors that prior to the commencement of any works or services, they are to report to the general office upon arrival at the school.

This requirement is generally indicated on signage located at all entrances to the school. Contractors and sub-contractors must sign in prior to entering the school site and sign out when leaving the school site.

A visitor’s pass is to be issued and worn by the contractor at all times while remaining on school premises.

4. Provision of Safe Work Method Statements for high-risk work

4.1 Centrally or regionally engaged contractors

The relevant area of the department is responsible for obtaining and reviewing the supplied Safe Work Method Statements (SWMS) and providing a copy to the school, prior to the commencement of works.

4.2 School engaged contractors

The principal and/or their delegate must ensure that a contractor supplies a SWMS or equivalent, prior to the commencement of works, based on the level of risk or as mandated by the department for the following high-risk work:

• confined space entry
• demolition works
• hazardous manual handling
• hot works (for example, welding)
• removal or disturbance of asbestos
• temporary supports for structural alterations
• tilt-up or precast concrete
• trenches or shafts deeper than 1.5 metres
• use of explosives
• use of hazardous substances and dangerous goods
• using powered mobile plant (for example, forklift)
• working at height (2 metres or more)
• work in tunnels
• work that is in, on or nearby:
  • artificial temperature extremes (for example, work in an operating cool room or freezer)
  • chemical, fuel or refrigerant lines
  • contaminated or flammable atmospheres
  • electrical installations or services
  • pressurised gas distribution mains or piping
  • roads
  • telecommunications towers
  • water or liquids that pose a drowning risk

If the proposed work requires a SWMS, the works cannot proceed until the principal or their delegate has reviewed and signed the SWMS to verify it has been sighted. A new SWMS will be required if scope of works change.

The principal and/or their delegate is to retain a copy of the completed SWMS and maintain on file.

The Contractor hazard identification and control guide (DOCX)can be used to aid in assessing the quality of a SWMS submitted as part of a contractor approval process.

4.3 Contractors engaged to work in confined spaces

The principal or their delegate and the contractor are to complete, sign and prominently display the Confined space entry permit (DOCX), authorising entry and completion of works conducted in the confined space.

The principal and/or their delegate are to retain the original copy of the confined space entry permit and maintain on file.

For further information, refer to the Confined Spaces Policy.

5. Supervision of contractors

5.1 School engaged contractors

The principal and/or their delegate must retain a general supervisory power over general work undertaken by a contractor.

5.2 Working with Children Checks

A Working with Children Check (WWCC) is not mandatory for all contractors working at schools. A WWCC may be required based on the nature of the work, and the type of contact the contractor will have with children. For further information, refer to the Department's policy on Working with Children and other Suitability Checks for School Volunteers and Visitors.

A WWCC may be required if the contracted work is child-related and involves, or is likely to involve, regular and direct contact with a child, whether or not the contact is not directly supervised by another employee (for example, music lessons or sports coaching). Schools must follow their own local policies and the Department’s Working with Children and Other Suitability Checks for School volunteers and Visitors Policy to determine what checks are required for contractors depending on the work they are performing.

6. Contractor OHS non-conformance

6.1 Centrally or regionally engaged contractors

The principal and/or their delegate can request the contractor to cease work if an engaged contractor fails to comply with OHS requirements and/or is working in an unsafe manner. In this instance, the principal or their delegate is to contact the relevant central or regional office representative, who will work to rectify the non-conformance with the contractor in consultation with the principal or their delegate.

6.2 School engaged contractors

The principal and/or their delegate can request the contractor to cease work if the contractor fails to comply with OHS requirements and/or is working in an unsafe manner. The principal and/or their delegate can then, in consultation with the contractor in question, work with them to rectify the non-conformance

If the contractor fails to comply after consultation, the principal and/or their delegate are to communicate to the contractor to cease work immediately. A contractor can then be issued with a Contractor OHS non-conformance report (DOCX), if deemed required and the works be terminated.

7. Consultation and communication

The principal and/or their delegate must inform their employees, volunteers, students, parents and visitors about any risks, or any special arrangements that are put in place during contractor works.

8. Incident reporting

The principal or their delegate must ensure all incidents involving contractors are reported on eduSafe Plus (staff login required) and investigated as per the Managing and Reporting School Incidents (Including Emergencies) Policy.

9. Record keeping

The principal and/or their delegate must ensure the following records are maintained in relation to contractor OHS management:

• copy of the contractor(s):
  • workers’ compensation and public liability insurance
  • Working with Children Check (if applicable)
  • Safe Work Method Statement (SWMS) or equivalent completed template if high-risk work was undertaken
• completed confined space entry permit(s) if contractor(s) has undertaken confined work
• completed contractor and sub-contractors (if applicable) OHS Induction Checklist(s)
• school specific Contractor OHS Induction Handbook
• record of approved contractors in the school Contractor Register
• Contractor Non-Conformance Report(s) that were issued to contactors
• minutes of meetings/communications (where applicable)
• copies of all sign in and sign out sheets for contractors that have come on-site.

10. Legislation, compliance codes, standards and guidance

• Occupational Health and Safety Act 2004 (Vic)
• Occupational Health and Safety Regulations 2017 (Vic)
• Worker Screening Act 2020 (Vic)
• Worker Screening Regulations 2021 (Vic)

Resources

Templates and checklists

• Confined space entry permit (DOCX) – for contractors engaged to work in confined spaces
• Contractor register (XLSX) – provides a way to record and manage the induction details of the contractor companies, their employees including any sub-contractors who are providing services or undertaking works at the workplace.
• Contractor OHS induction checklist (DOCX) – used to assist in conducting an OHS induction.
• Contractor OHS non-conformance report (DOCX) – to be used where a contractor fails to comply with OHS requirements, after consultation.
• Safe Work Method Statement (DOCX) – for completion where high risk work is being undertaken

OHS Providers Directory

We are making it simpler for Victorian Government schools to find and engage specialist OHS providers for services or works by pre-approving qualified providers. For further information and to access the directory, refer to OHS Provider Directory on eduGate (staff login required).

Guides and handbooks

• Contractor hazard identification and control guide (DOCX) – can be used to aid in assessing the quality of a SWMS submitted as part of a contractor approval process
• Contractor OHS induction handbook (DOCX) – used to assist in providing guidance on school specific and Department OHS requirements to contractors