‘CONTRACTOR’ Safety in Saskatchewan
Many of our employers have the understanding that once a contractor has been hired, the employer’s responsibilities for health and safety have ended. This has been clearly proven in the courts as not true.
The following six sections of the Saskatchewan Employment Act and the Occupational Health and Safety Regulations help to clarify the matter.
1. Saskatchewan Employment Act, Section 3-1(g)
The word “contractor” means a person who, or a partnership or group of persons that, pursuant to one or more contracts:
· directs the activities of one or more employers or self-employed persons involved in work at a place of employment; or
· retains an employer or self-employed person to perform work at a place of employment.
This section of the Act clearly defines the person or persons hiring other employers or self-employed persons as being the ‘contractor’. It clearly points toward ‘you and/or your company.’
2. OH&S Regulation 5(5)
Where a provision of these Regulations imposes a duty or requirement on more than one person, the duty or requirement is meant to be imposed primarily on the person with the greatest degree of control over the matters that are the subject of the duty or requirement.
In almost all situations, the person or persons doing the hiring have the greatest degree of control.
3. OH&S Regulation 5(6)
If the person with the greatest degree of control fails to comply with a provision described in subsection (5), the other persons are not relieved of the obligation to comply with the provision if it is possible for them to comply, and they shall comply with the provision.
Just because the original person(s) doing the hiring is negligent, it does not excuse the responsibilities of the other person(s) involved.
4. OH&S Regulation 12(c)
The duties of an employer at a place of employment include the provision of any information, instruction, training and supervision that is necessary to protect the health and safety of workers at work.
This regulation points to all workers at work needing supervision, which includes the workers of other employers or self-employed persons.
OH&S Regulation 13(b)
A worker shall follow the safe work practices and procedures required by or developed pursuant to these regulations.
Onus is also placed on all workers at a place of employment to follow the guidelines provided by the place of employment.
5. OH&S Regulation 17(1)(a)
An employer or contractor shall ensure that all work at a place of employment is sufficiently and competently supervised.
The employer or contractor who has hired employers or self-employed persons carries the above responsibility.
External Service Provider Safety Policy & Procedures
1. Purpose: The purpose of this policy is to establish an effective system of responsibility and accountability for controlling safety and health risks in the workplace for externally contracted companies.
2. Scope: The Health & Safety of all workers comes first here at (Your Company Name). By having a plan for evaluating, selecting, and monitoring external companies contracted to do certain jobs in the workplace, incidents, injuries, and illnesses can be easily prevented.
3. Background: (Your Company Name)’s goal is to have a well thought out system for externally contracted companies to help prevent injuries and occupational disease in the workplace.
4. Definitions:
- Accident – any unplanned event that causes or may cause injury or death to persons or, damage to property.
- Employer/Contractor – a person, firm, association or body that has, in connection with the operation of a place of employment, one or more workers in the service of the person, firm, association or body.
- Hazards – any source of potential damage, harm, or adverse health effects on something or someone under certain conditions at work.
- Health – the condition of being sound in body, mind, and spirit, and shall be interpreted in accordance with the objects and purposes of the Saskatchewan Employment Act.
- Incident – describes near misses, accidents, and dangerous occurrences.
- Safety – means the prevention of physical injury to workers and the prevention of physical injury to other persons arising out of or in connection with activities in the workplace.
- Supervisor – means a person who has charge of a workplace or authority over a worker.
- Worker – means a person who is engaged in the service of an employer.
5. Legislation: Section 22(1)(a) of the Saskatchewan Occupational Health & Safety Regulations states in part: “an occupational health and safety program must include a statement of the employer’s policy with respect to the protection and maintenance of the health and safety of the workers.”
6. Policy: (Your Company Name) and its service providers or self-employed persons share responsibility for attempting to ensure people are not injured as a result of construction, maintenance, or related activities on the property. (Your Company Name) requires that all service providers or self-employed persons operate safely and in accordance with any federal, provincial or local directives along with (Your Company Name)’s Safety Management System.
7. Responsibilities:
- Employers – ensure reasonable steps are taken by the service providers or a self-employed person to make certain work undertaken does not endanger people or property at (Your Company Name).
- Service Providers
o Must conform to all requirements set out by federal, provincial, and local by-laws, acts, and regulations in matters of health and safety.
o Must cooperate in completing the attached Service Provider Safety Checklist before bringing anything onto the property.
8. Procedures:
- The Employer/Contractor that has project service providers working for them is required to coordinate a time for the Pre-Project Safety Orientation.
- The project service provider will be required to attend the Pre-Project Orientation session which will vary in length based on the project. The project service provider can have all of their workers go through the Pre-Project Orientation session or just a representative. The project service provider is then responsible for forwarding this information to all of their workers and any sub-service providers that work on (Your Company Name)’s property. The Pre-Project Orientation session will be conducted for each project before work commences so all risks and hazards can be reviewed.
- Service Providers shall conduct regular (daily) toolbox meetings. Upon request, minutes of these meetings shall be forwarded to (Your Company Name)’s management. Topics shall include but not be limited to any special or specific hazards or procedures that are applicable to the work.
- Good housekeeping is essential for safe work. Service Providers shall ensure the site is properly maintained at all times.
- Service Providers are responsible for ensuring the work site or area is properly segregated or otherwise made safe so workers and/or visitors will not come to harm. No one is allowed in the work area without the necessary proper personal protective equipment.
- Service Providers are responsible for ensuring all powered mobile equipment, hand tools, and power equipment are in safe working order and workers are adequately trained in the proper use of these said items.
9. Authorization:
I, (Your Name), owner/director/manager of (Your Company Name), authorize this document and approve it for circulation throughout (Your Company Name).
______
(Your Name) Date
External Service Provider Safety Checklist
Service Provider Company Name: ______
Work Start Date: ______Work Completion Date: ______
Project Description: ______
Service Provider Supervisor’s Name: ______
Legal Requirements / Yes / No / CommentsSite Access / Regulation 12(d)
Regulation 248
Emergency Procedures: signals, evacuation / Regulation 12(c)
Regulation 360(2)(d)
Personal Protective Equipment / Regulation 86
Chemicals – MSDSs provided / Sask Employment Act 3-12(a)
Lock Out / Tag Out Procedures / Regulation 139
Confined Space Entry / Regulation Part XVIII
Ladder Safety / Regulation 252
Local & Provincial Permits / City Bylaws
Existing Hazards / Regulation 12(c)
Fall Protection / Regulation 116.1
Best Practice
WCB Letter of Good Standing
WCB TL Injury Frequency (%) Comparison to Industry Rate
Service Provider Safety Checklist Completed
Parking
Designated Work Areas: Protection, Barriers, Signs
Housekeeping
Report all Hazards & Incidents Immediately
Hot Work Procedure & Approval
Daily Toolbox Meetings & Minutes
Full Adherence to (Your Company Name)’s Safety Management System
If the Service Provider fails to follow the above requirements, it is subject to loss of the contract. No (Your Company Name) equipment may be used by the service provider without prior authorization from the (Your Company Name) manager responsible. All work practices must comply with applicable federal, provincial, and local regulations. All information discussed within the Service Provider Safety Checklist will be communicated to all service providers by the (Your Company Name) management prior to the start of work.
Service Provider Supervisor Signature: ______Date: ______
(Your Company Name) Manager Signature: ______Date: ______
This document was developed by the Service & Hospitality Safety Association of Saskatchewan Inc. with information obtained from the Saskatchewan Employment Act and the Saskatchewan Occupational Health & Safety Regulations, 1996, and the Manitoba Tourism Education Council (SAFE Hospitality).