How to Ensure Contractor Compliance With Contractual Safety Requirements
In the construction industry, it is common practice for a general contractor to undertake a project and then, in turn, contract out portions of the project to sub-contractors. The main contract generally specifies that the general contractor is responsible for safety compliance at the work site.
In most cases, the general contractor is ultimately responsible for ensuring that the contractors he hires satisfy all safety requirements.
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Instructions
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Verify that specific provisions in the main contract applicable to contractors you hire are satisfied. Each contract is different and if there are specific provisions that touch on safety compliance, make sure that each condition is met. As an example, some contracts require that each accident claim be reported to a specific person or company.
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Familiarize yourself with the U. S. Labor Department's Occupational Safety and Health Administration's (OSHA) requirements that may apply to the contractor's job site. Also investigate the applicable workplace safety regulations on the local and state level. On the local level, the starting point is an application for a work permit that details the nature and scope of the work to be done. Once everything is in order, the local authorities issue a work permit.
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Insist on copies of the contractor's licenses, certifications and the job site's work permit. These are basic requirements for construction projects. If your contractor is not in compliance, you are in violation of the law and may face additional liabilities if an accident occurs.
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Obtain a copy of the contractor's job site safety and health program. OSHA requires employers to have accident prevention programs that provide for regular inspection of the job sites. Take advantage of OHSA resources, such as a free online resource that provides guidance and information on creating a comprehensive safety and health programs. OSHA also offers a free on-site consultation program for small and medium-sized businesses.
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Obtain a copy of all insurance policies and proofs of payment to verify that the contractor is properly insured. Also verify that the insurance requirements of the main contract, if any, are satisfied. If the proper insurances are not in place, you or your company may be liable under the terms of the main contract.
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Investigate the contractor's background for a history of violations or non-compliance with local, state and OSHA regulations. If you overlook or ignore a prior history of non-compliance and violations, you may create unnecessary liabilities for yourself and your company.
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Monitor the contractor's compliance with its record-keeping obligations. OSHA generally requires construction employers to keep records of workplace injuries and illnesses. Exceptions may apply for firms with 10 or fewer employees.
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Visit the job site to see if the contractor displays the required OSHA posters and notices at a location where employees report each day.
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Tips & Warnings
OSHA has a number of helpful tools and resources on its website, take advantage of them. In addition to OSHA's requirements, remember to verify that all local and state rules and regulations are also satisfied by the contractor.
To properly understand and assess the risks and liabilities you face under the terms of any contractual obligation, consult with an attorney.
References
Resources
- Photo Credit Hard working construction worker at a construction scene. image by Andy Dean from Fotolia.com
