The following section outlines model clauses relating to OH&S requirements of Tenderers to be incorporated into 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 OH&S specification requirements.
The Department is obligated to provide and maintain, so far as is 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.
The Contractor will forthwith comply with any and all directions by the Principal relating to occupational health and safety.
The Contractor 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.
The OH&S management system of the Contractor must as a minimum requirement demonstrate compliance with all duties of an employer specified in the Occupational Health and Safety Act 1985.
The Contractor must when requested by The Principal, submit a complete copy of their company OH&S management system documentation which must include as a minimum requirement:
Optional Requirement
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. Certification must be achieved within 12 months of the commencement of the contract. If the Contractor does not maintain certification of their OH&S management system as required in this contract the Principal may terminate the contract.
[May 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.
The Contractor shall prepare and submit a Risk Assessment prior to commencing the works under the contract. The Risk Assessment Form shall be used to record the risk assessment and risk control methods to be employed by the Contractor.
The completed Risk Assessment shall be submitted to The Principal for review and approval prior to commencement of works under the contract.
Prior to commencing the works under the contract the Contractor shall submit to The Principal a Health and Safety Plan specific to the contract and works. The Contractor shall complete the Health and Safety Plan in conformance with requirements set out in the Department’s Guidelines for Preparing Health and Safety Plans.
The Health and Safety Plan shall consider and respond to the specific OH&S hazards and issues relevant to the contract works and shall document the systems and methods to be implemented for the term of the contract. The Principal shall review the Health and Safety Plan and formal approval to commence the contract shall be provided subject to acceptance of the Health and Safety Plan.
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:
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 Principal provide reports on OH&S inspections, audits or assessments undertaken during the course of the contract.
If the Contractor is required by the Occupational Health and Safety (General Safety) Regulations 1986 or by any other regulations to give any notice of an accident 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 Principal.
The Contractor must notify the Principal 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 Principal. The Contractor must and 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 recommendations or strategies for prevention in the future.
If during the performance of works under the contract the Principal informs the Contractor that it is the opinion of the Principal that the Contractor is:
the Contractor shall remedy that breach of health and safety promptly.
The Principal may direct the Contractor to suspend the work until such time as the Contractor satisfies The Principal 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.