Who is responsible for contractors health and safety?
Both the contractor and their employees are responsible under health and safety law. When you employ contractors you should: ensure that contractors have the right skills and training so they are not posing a risk to their (or anyone in the workplace’s) health and safety.
Who is responsible for contractor PPE?
Regulation 4 states: Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.
Who is responsible for the safety of contractor employees?
Not only can the principal assume responsibility for the safety of the contractor’s employees, but it may also have consequences for the ongoing relationship between the parties and compliance with contractual terms. Where safety concerns are identified, the principal needs to determine how they will address the identified risk. Options may be to:
How does contractor management affect your statutory obligations?
As this case demonstrates, contractor management impacts not only on your statutory obligations, but also on the scope and content of your common law obligations. The relationship between a principal and their contractor is relevant to determining what is reasonably practicable to ensure safety.
What should principals consider when managing a contractor?
There are many things to consider when managing contractors. In particular, when engaging contractors, principals should exercise due diligence and ensure the contractor has sufficient skills, expertise and resources to carry out the contract safely.
What do you need to know about contractor management?
Require the contractor to satisfy the principal that it is managing the risk appropriately. If control of the risk is to remain with the contractor, the principal should require the contractor to demonstrate how they will ensure safety and address the safety concerns, which may include:
How is a contractor responsible for a contract?
IN GENERAL.—Federal financial assistance under this chapter may be provided for contracts only if a recipient awards such contracts to responsible contractors possessing the ability to successfully perform under the terms and conditions of a proposed procurement. the contractor’s financial and technical resources.”
What makes a contractor a responsible contractor under the FTA?
In addition to being otherwise qualified and eligible to receive the contract award under applicable laws and regulations, a responsible contractor: Integrity and Ethics. Has a satisfactory record of integrity and business ethics, in compliance with 49 U.S.C. Section 5325 (j) (2) (A), Debarment and Suspension.
How is past experience used to determine contractor responsibility?
Project-related experience should be a factor related to the capability of the offeror to perform the contract; i.e., a factor for determining the offeror’s responsibility, not responsiveness. As a responsibility issue, past experience may be discussed with the company after proposals are submitted.
Do you need a written determination of contractor responsibility?
It is not clear, however, that FAR requires a written determination for small purchases. 9.103 (b) does require an “affirmative determination” of responsibility.