Why the Duty Does Not Transfer With the Contract
Engaging a contractor does not hand them the risk. The business that engages them remains a PCBU with the primary duty of care to the extent it has influence or control over the work, and section 46 of the WHS Act requires it to consult, cooperate and coordinate with the contractor as a fellow duty holder. After an incident involving a contractor, the questions asked of the engaging business are whether it checked the contractor was competent and insured, whether it inducted them to the site’s hazards, whether it supervised and monitored the work, and whether it acted when it saw something wrong. A contractor management system is the record that those things were done, every time, by a procedure rather than by memory.
The Policy and Code of Practice
The governing document: the business’s policy on when and how contractors are engaged, the categories of contractor and the controls each category attracts, the roles involved (the contractor manager, the site representative, the person who approves prequalification), and the code of practice contractors sign up to on engagement, covering site rules, permits, SWMS, incident reporting and the stop-work authority. Every other document in the system is referenced from this one.
Prequalification and Scoring
Before a contractor is engaged the system assesses them against defined criteria: safety management system and policy, WHS performance history, licences and competencies for the trade, insurance, previous incidents and prosecutions, and the specific high-risk work they will do. A scoring rubric turns the assessment into a decision that two people would make the same way, and a record that shows the decision was made. Prequalification is renewed on a cycle and when the scope of work changes.
Insurance and Licence Register
The register records, for every contractor, the public liability policy (most principal contractors and clients require $20 million), workers compensation or personal accident cover for sole traders, professional indemnity where design or certification is involved, and every licence and high-risk work licence the trade needs, each with its expiry. The register is reviewed before engagement and before expiry; a contractor whose cover has lapsed does not work until it is reinstated. This is the document a client’s prequalification and an insurer’s claims assessor ask for first.
Induction
Every contractor worker is inducted to the site or the business before starting: the hazards of the place, the site rules, emergency arrangements, the permit-to-work and SWMS requirements, reporting lines and the stop-work authority. The induction package includes the presentation, the acknowledgement the worker signs and the register of who has been inducted and when. Induction is repeated when the site or the rules change.