(Disclaimer: Note: The information in this section of our website is NOT professional advice, but is a common-sense summary of Occupational Health & Safety responsibilities for independent contractors. Click here for full disclaimer)
Understanding your health and safety responsibilities, and how to comply with legislative expectations in a practical and reasonable manner, can be difficult.
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Frequently Asked Safety Questions
1. Can companies that engage an independent contractor’s services contract out their OHS responsibilities?
No. OHS responsibilities are shared. On most occasions, the company owner or site controller will retain greater OHS responsibilities because of their control and management over site activities.
2. What are the implications if independent contractors do not fulfil their duty of care responsibilities?
If independent contractors fail to meet their legislative responsibilities, they may receive significant fines and be liable for prosecution. This depends greatly on whether the independent contractor acted reasonably and had control over the work site and activities undertaken.
3. When independent contractors are engaged by a company, are they always required to complete an OHS plan?
For large work sites and projects, the company may already have a detailed OHS plan for a site or safety management system. Independent contractors may be asked to provide evidence on how they will perform their work in a safe manner or contribute to the review of the site OHS plan.
At the time of starting a project, the company or site controller will assume that the independent contractor will implement elements of the OHS plan such as following work instructions, completing site induction training and attending tool box meetings.
4. What are OHS expectations when an independent contractor performs work for a home-owner?
When undertaking work for a private owner (for example, as a bricklayer, maintenance worker, carpentry worker in a household), there ultimately exist dual OHS responsibilities. However, the fact that the home-owner would have limited understanding and awareness of the hazards applicable to the works undertaken, it would be expected that the independent contractor would still plan, evaluate and implement safe work methods. Because these arrangements tend to be less formal then most, safety expectations can sometimes reflect this view. This is where accidents are most likely to arise. It is just as important to consider OHS risks when at a residential home as it is at a large company work site.
5. What if an independent contractor engages a sub-contractor, employee or apprentice—do OHS responsibilities change under law?
When independent contractors engage an apprentice or employee, under legislation they essentially become an employer. If a sub-contractor is engaged, the level of control the independent contractor or the company may have will impact upon OHS responsibilities owed. For example, if a sub-contractor is engaged by a independent contractor who is working for a company on a work site, both parties will be responsible. However, greater emphasis will be on the company, as they will have greater control over the site activities.
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