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5. Model OHS specification clauses

The following section outlines model clauses relating to occupational health and safety OHS requirements, to be incorporated into the specification and tender documents. The requirements should then be specifically incorporated into the contract. This can be easily achieved by a suitable clause in the contract that references the OHS specification requirements.

Special conditions of contract for AS2124 contracts

The following special conditions of contract clause has been approved by the construction contracts advisory panel (CCAP) of the Victorian overnment. It is to be included in all contracts.

55 Principal contractor

55.1 This clause shall apply to the Contractor unless otherwise provided pursuant to clause 56. The Principal acknowledges that the appointment of a Principal Contractor does not abrogate the obligations of the Principal under the Occupational Health and Safety Act 2004 (Vic).

55.2 The Principal hereby appoints the Contractor as the Principal Contractor in accordance with regulation 5.1.14(1)(a) of the Occupational Health and Safety Regulations 2007.

55.3 The Contractor hereby acknowledges and accepts the appointment as Principal Contractor and agrees to carry out and discharge the obligations of a Principal Contractor contained in the Occupational Health and Safety Regulations 2007 and accepts all liability in respect thereof.

55.4 The Principal hereby authorises the Contractor to manage and control the Site to the extent necessary to discharge the duties imposed on a Principal Contractor by the Occupational Health and Safety Regulations 2007 for the period commencing from the date the Contractor takes possession of the Site and ending on the Date of Practical Completion. Furthermore, the Contractor acknowledges that its responsibilities as Principal Contractor continue (or resume) for any Works undertaken prior to the date the Final Certificate is issued. The Contractor hereby acknowledges and accepts that the management and control of the Site afforded by the Principal is sufficient to allow the Contractor to fulfil the obligations of a Principal Contractor.

55.5 The Contractor undertakes to promptly upon request by, or on behalf of, the Principal demonstrate that the obligations of a Principal Contractor under the Occupational Health and Safety Regulations 2007 have been, and will continue to be met, including providing evidence of measures taken to achieve compliance.

In this clause Principal Contractor has the meaning given to that term in regulation 5.1.14 of the Occupational Health and Safety Regulations 2007 and Construction Work has the meaning given to that term in regulation 5.1.2 of the Occupational Health and Safety Regulations 2007.

56 Principal Contractor where the Contractor has Comcare insurance

56.1 This clause shall apply to the exclusion of clause 55 in the event that the Contractor is licensed to self insure under the Safety, Rehabilitation and Compensation Act 1988 (Cth) and is therefore covered by the Occupational Health & Safety Act 1991 (Cth) (the Commonwealth OHS Act) rather than the Occupational Health & Safety Act 2004 (Vic) (the Victorian OHS Act) and the Occupational Health & Safety Regulations 2007 (Vic) (the Victorian OHS Regulations)

56.2 The Principal hereby appoints the Contractor as the Principal Contractor in accordance with regulation 5.1.14(1)(a) of the Victorian OHS Regulations.

56.3 The Contractor hereby acknowledges and accepts the appointment as the Principal Contractor and agrees to strictly comply with the terms of the Victorian OHS Act and the Victorian OHS Regulations and do all things necessary and in a manner which ensures that the Contractor satisfies the obligations of a Principal Contractor under the Victorian OHS Regulations which apply, or which, but for the Commonwealth OHS Act, would apply.

56.4 The Contractor hereby acknowledges and accepts that it has the management and control of the Site necessary to discharge the duties imposed on a Principal Contractor by the Victorian OHS Regulations for the period commencing from the date the Contractor takes possession of the Site and ending on the date a Certificate of Practical Completion is issued pursuant to clause 42.5 of the General Conditions.

Furthermore, the Contractor acknowledges that it will have the necessary management and control of the Site to discharge the Principal Contractor duties during any period that it performs Construction Work on the Site during the Defects Liability Period.

56.5 The Contractor undertakes to:

(a) immediately comply with directions on safety issued by any relevant authority or by the Principal;

(b) indemnify and hold harmless the Principal against any loss suffered by the Principal which may arise as a result of any breach by the Contractor of the Victorian OHS Act or the Victorian OHS Regulations; and

(c) promptly upon request by, or on behalf of, the Principal demonstrate that the obligations of a Principal Contractor under the Victorian OHS Regulations have been and will continue to be met, including providing evidence of measures taken to achieve compliance.

In this clause Principal Contractor has the meaning given to that term in regulation 5.1.14 of the Occupational Health and Safety Regulations 2007 and Construction Work has the meaning given to that term in regulation 5.1.2 of the Occupational Health and Safety Regulations 2007.

Additional OHS contract clauses required by the Department of Health and Human Services

1   General occupational health and safety requirements

The department is obligated to provide and maintain, so far as is reasonably practicable, a working environment for its employees and members of the public, that is safe and without risk to health. As a condition of this contract, the department requires that any Contractors or subcontractors that may be engaged to perform a service on its behalf will at all times identify and exercise all necessary precautions for the health and safety of all persons including Contractor employees, departmental or Agency employees and members of the public who may be affected by the services.

The Contractor will inform itself of all occupational health and safety policies, procedures or measures implemented or adopted by the department, Agency and/or the occupiers of any premises at or within which the Contractor will perform works under this contract. The Contractor will comply with all such policies, procedures or measures; and in the event of any inconsistency, will comply with such procedures or measures as they produce the highest level of health and safety.

2   Legislative Compliance

The Contractor must manage and control the construction workplace in accordance with the contract and must comply with and ensure that its employees, subcontractors and agents comply with any Acts, Regulations, Local Laws and By-laws, Codes of Practice, Australian Standards and departmental OH&S Policy and Procedures which are in any way applicable to this contract or the performance of the services under this contract.

3   Contractor OH&S Management Systems

The Contractor must when requested by The Superintendent, submit a complete copy of their company OH&S management system documentation which must include as a minimum requirement:

  • OH&S policy and objectives
  • Health and Safety Coordination Plan, including Organisation structure & responsibilities
  • Safe Work Method Statements or other safe work practices and procedures
  • OH&S training and induction systems and records
  • OH&S auditing & inspection procedures and records
  • OH&S consultation procedures and outcomes
  • OH&S performance monitoring and reports

Optional Requirement to Subclause 3

The Contractor must provide evidence of certification of their OH&S management system. The minimum level of certification is SafetyMAP Initial Level Achievement or equivalent established by independent audit by the Victorian WorkCover Authority or other recognised certifying body. If the Contractor does not maintain certification of their OH&S management system as required in this contract the Principal may terminate the contract.

4   Tenderer OH&S Management System Questionnaire
[To be incorporated in Conditions of Tender]

Tenderers shall complete the Tenderer OH&S Management System Questionnaire and incorporate the completed document with their tender submission. Tenderers who do not complete the questionnaire shall be ineligible for selection. Tenderers will be required to verify their responses noted in the questionnaire by providing evidence of their ability and capacity in relevant matters. By submission of the tender and questionnaire the Tenderer acknowledges and confirms as accurate all details contained in the questionnaire and any verifying documents.

5   Safe Work Method Statements (SWMS) Required for High Risk Construction Work

All high risk construction work as defined by Clause 5.1.3 of the OH&S Regulations 2007 shall be controlled by the prior preparation of, and use of Safe Work Method Statements, using the hierarchy of risk control measures contained in Clause 5.1.7 of the OH&S Regulations 2007. The SWMS must be reviewed and if necessary revised to ensure safe systems of work. If there is non-compliance with a SWMS or any indication that risk control measures are not adequately controlling the risks to health and safety, the work must stop and not resume until the statement is complied with or reviewed and if necessary revised.

6   Health and Safety Coordination Plan

Prior to commencing the works under the contract the Contractor shall submit to The Superintendent a Health and Safety Coordination Plan specific to the contract and works.

7   OH&S Performance Reporting

The Contractor must when requested by the Principal provide evidence of ongoing performance of the Contractor's OH&S management system. Without limiting the requirements of this obligation, the Contractor shall provide the following information on a monthly basis in the form of a Contractor OH&S Performance Report:

  • Details of current and upcoming work and the details of the Safe Work Method Statements which will be employed to control risks for high risk construction work
  • Number of lost time injuries
  • Working days lost due to injury
  • Current status of any injured personnel, damaged property or environmental damage or pollution
  • Status of the implementation and outcomes of corrective actions undertaken as a result of OH&S inspections and risk assessments
  • Status of OH&S management system audits undertaken

The OH&S Performance Report shall be submitted by the Contactor using the Contractor Monthly OH&S Performance Report Form.

The Contractor shall when requested by The Superintendent provide reports on OH&S inspections, audits or assessments undertaken during the course of the contract.

8   Incident Notification

If the Contractor is required by the Occupational Health and Safety Regulations 2007 or by any other regulations to give any notice of an accident or incident occurring during the performance by the Contractor of works under the contract, the Contractor shall at the same time or as soon thereafter as possible in the circumstances, give a copy of the notice to the Superintendent.

The Contractor must notify the Superintendent promptly of any accident, injury, property or environmental damage that occurs during the carrying out of the contract works. All lost time incidents shall be immediately notified to the Superintendent. The Contractor must within 3 days of any such incident provide a report giving complete details of the incident, including results of investigations into its cause, and any actions or strategies for prevention in the future.

9   Non Compliance

If during the performance of works under the contract, the Superintendent informs the Contractor that it is the opinion of the Superintendent that the Contractor is:

  • Not conducting the work in compliance with the Contractor's Health and Safety Coordination Plan, relevant Safe Work Method Statements, relevant legislation or health and safety procedures provided by the department from time to time, or
  • Conducting the work in such a way as to endanger the health and safety of Contractors employees or the department's or Agency's or its Contractors' and subcontractors' employees, and the public.
  • Conducting the work in such a way as to risk property, plant, equipment or materials.

The Contractor shall remedy that breach of health and safety promptly.

The Superintendent may direct the Contractor to suspend the work until such time as the Contractor satisfies the Superintendent that the work will be resumed in conformity with applicable health and safety provisions.

During periods of suspension referred to above, the Principal shall not be required to make any payment whatsoever to the Contractor.

If the Contractor fails to rectify any breach of health and safety for which the work has been suspended, or if the Contractors performance has involved recurring breaches of health and safety, the Principal may as its option terminate the work forthwith, without further obligation to the Contractor. In this event, the Principal's liability shall be limited to payment for the work performed and costs incurred by the Contractor up to the time of termination or an earlier suspension of works.