(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.
Other information modules:
- Safety working at home
- Frequently Asked Safety Questions
Independent Contractors and Safety
Duties of Independent Contractors
- As an independent contractor/self-employed person, you have health and safety duties and responsibilities under State and Territory legislation. This legislation varies from State to State; however the essential components remain the same. This module provides a general overview of independent contractors’ responsibilities. A later module will examine those responsibilities on a State-by-State basis.In some cases, workplace relationships are complex, especially where there are several duty holders. Often, your duties may overlap and co-exist with other stakeholders and therefore it is important that you identify your relationships and understand what duties relate to you. For example, an independent contractor may fall under one of the categories listed below.1. Independent contractors that have employees
Independent contractors that have employees, have specific duties to ensure the safety of their employees. Such duties include:- Providing and maintaining safe plant—for example, ensuring equipment and tools are adequately guarded and in good condition;
- Arranging safe systems of work—for example, providing written instructions/risk assessments for work activities, such as how to install electrical light fittings;
- Maintaining the workplace in a condition that is safe—for example, providing employees with personal protective equipment such as ear muffs;
- Providing adequate facilities for employees, such as toilets, drinking water and first aid;
- Providing information, instruction, training and supervision—for example, inducting new employees and checking work activities; and
- Communicating with employees about safety—for example, discussing site emergency procedures.
2. Independent contractors that engage sub-contractors
Independent contractors that engage sub-contractors, such as an electrician to assist in construction activities, have a duty to protect the health and safety of the sub-contractor and new employees under their management and control. These are the same duties that independent contractors have to their own employees. For example, it would be expected that an independent contractor would ensure that the electrical contractor is suitably qualified and experienced and has his or her own safe work systems. Further duties are outlined above in point one.3. Independent contractors that work for themselves
Independent contractors must take reasonable care for the health and safety of themselves and other people who may be affected by the way their work is done. For example, an independent contractor who is handling cleaning chemicals must check that the use of the chemicals does not impact on others (for example, home owners, visitors and customers) working nearby.Other Relevant Duties
Duties owed when engaged by a company
An independent contractor engaged by another business to provide goods or services must take reasonable care for his or her own health and safety and that of others. This duty includes independent contractors’ complying with the health and safety arrangements of the business they are engaged by. Some examples are listed below:- Independent contractors should attend and participate in any induction programme provided by the business engaging them or managing the site.
- Independent contractors must implement new safe work systems, such as displaying signage/barriers, wearing personal protective equipment and operating plant in a safe manner.
Likewise, businesses that engage independent contractors must provide a safe working environment.
Duties owed when engaged by a residential home-owner
Regardless of whether independent contractors are engaged by a large business, or another independent contractor or a residential home owner, they still have safety duties. For example, a maintenance worker must carry out safe work practices, such as tying off a portable ladder when cleaning gutters of a house.Duty to report workplace incidents
In all States, occupational health and safety legislation requires independent contractors to report certain notifiable incidents to their State regulatory body. Generally, this includes incidents involving a fatality, serious injury or a dangerous occurrence. For example, the electrocution of an employee of an independent contractor should be expected to be a reportable incident.There are time limits and certain procedures to be followed when reporting an incident, and if these procedures are not followed correctly, penalties can apply. It is important that independent contractors know what incidents need to be reported and who they need to report to.
Website Disclaimer
Disclaimer: This material belongs to SRM Risk Pty Ltd. Reproduction is available for the exclusive private use of SEA subscriber members. Any unauthorised reproduction is prohibited. None of the information in this Website constitutes legal or professional advice, but is offered as opinion only. Every individual will have specific and unique circumstances that determine their own status. Every person should seek their own professional advice. SRM Risk, Independent Contractors of Australia, its committee and members are not responsible for the outcome of decisions or actions that a person may take as a result of anything stated in this Website.