Contractors work rules

Share key facility emergency information, contractor work rules, and facility HSE programs (e.g., lockout/tagout, hot work/safe work permits) that must be communicated to all contractor and subcontractor personnel before they begin work... 

As shown in Figure 19.1, the offshore oil and gas business is especially dependent on contractors— ranging from very large companies all the way to small organizations and individuals. The agency responsible for offshore safety in the United States is the BSEE. This agency has paid particular attention to the management of contractors. Their philosophy is that the responsibility for what takes place offshore lies with the operator and that the operator therefore has to make sure that the contractors work safely and in conformance with the rules. It is up to the operator to ensure that the contractor knows what to do and that all contract workers are properly trained and evaluated. 

Human factors should be considered in the development of safe work practices. These safe work practices will normally apply to multiple locations and will normally be in written form (safety manual, safety standards, work rules, etc.). For some locations, site-specific work practices may be appropriate. The program should provide guidelines for selection and performance evaluation of contractors. API RP 76, Improving Owner and Contractor Safety Performance, may be helpful in developing guidelines for contractor selection. 

The standard does not require that specifically however, a contractor does have to coordinate their work rules and procedures with the host employer s work rules and procedures. This way both groups of workers are protected. 

No matter if subcontractors are working for a general or main contractor or working directly for the client, when two or more prime contractors conduct activities at the same worksite, it is prudent that a common basis for health and safety rules and controls be established. Wlien one contractor performs an intrusive activity that increases the hazard level for all workers at a worksite, that information should be communicated to other contractors to permit them to plan and control their activities accordingly. 

A copy of the general safety rules accompanied by a receipt form shall be included with the prequalification letter to a prospective contrac-tor/subcontractor. This document sets forth in broad terms the safety requirements with which a contractor/subcontractor is expected to conform while working under contract for the host organization. 

Wlien a contractor/subcontractor is hired to perform work in a potentially hazardous area on one of your facilities or that of a client, the project manager shall provide the contractor/subcontractor a copy of the contractor site safety rules checklist for completion. The form and any other rules specific to that site must be signed, dated, and returned prior to any work being performed at a particular site. An executed copy will be made a part of the project file. 

An obvious solution would be to undervalue the work done, in order to avoid a claim from the client. The case of Lubenham Fidelities and Investment Co v. South Pembrokeshire District Council (1986) took care of any tendency to undervalue. In that case, the Court of Appeal ruled that the contractor might sue the architect in tort for any damages suffered by him because of the negligent valuation. 

Contractors. Employers must inform contract employees prior to the initiation of the contractor s work of the known potential fire, explosion, or toxic release hazards related to the contractor s work and the process. Contract employees and host employers must ensure that contract workers are trained in the work practices necessary to perform their jobs safely and are informed of any applicable safety rules of the facility work and the process. 

Contractor certification and training rules were first put into effect in 1998. Those initial rules required lead paint professionals to be certified and trained and imposed an accreditation program for training programs, individual certifications for renovators, and specific work practice standards. ... 

Contractor s adherence to special safety rules that may have specific importance for a particular type of work... 

If someone working for the operator observes an infraction of safety rules, then he or she should generally contact the contractor job representative rather than deal directly with the offending employee. However, for imminent danger situations and flagrant violations, any employee can and should demand that the infraction be corrected immediately. They will then report their actions to management. 

Contractors. Identifies responsibilities of work site employer and contract employers with respect to contract employees involved in maintenance, repair, turnaround, major renovation, or specialty work, on or near covered processes. Contract employers are required to train their employees to safely perform their jobs, document that employees received and understood training, assure that contract employees know about potential process hazards and the work site employer s emergency action plan, assure that employees follow safety rules of the facility, and advise the work site employer of hazards contract work itself poses or hazards identified by contract employees. 

Employees are supposed to have a lookout to watch for other equipment when working on the track. But contractors are entirely green, and have much less experience. They often push the envelope due to their payment schemes. For example, contractors are paid for laying fiber optic cable by the foot, and don t want to get off the track when they should [e.g., when dangerous equipment is present]. They have no sense whatsoever of how important it is to abide by the rules. 

Before excavation work begins, OSHA rules require contractors doing the work to determine the estimated location of utility installations — sewer, telephone, fuel, electric, water lines, or any other underground installations — that may be encountered during digging. 

If a company or organization hires a contractor to do work, it is critical to identify protections for contractor employees. A contract should state which safety and health laws, regulafions, standards, rules, and procedures apply to the contractor and the work provided. 

Contractor safety orientation is another critical step in ensuring that contractor employees understand hazards related to the job, know site safety practices and rules, and are familiar with local emergency practices related to the site. Contractor safety orientation methods involving classroom sessions or video presentations can be very effective in preventing needless losses. The duty of a contractor in a host employer s workplace should be, at a minimum, to maintain the same level of safety and compliance that the host employer practices. These requests and requirements should be outlined in the scope of work and contract documentation. The host employer should also remember that the contractor s responsibility (liability) only applies to the extent to which the contractor has control of or can reasonably be expected to have control of the site. Those actions by the host employer that may create or expose employees to hazards remain the responsibility of that employer. 

Subpart B contains an interpretation and the applicability of construction health and safety standards to work performed under contract to government agencies. This subpart contains the general rules of the Secretary of Labor which state that no contractor shall require any laborers work in conditions that are unsanitary, hazardous, or dangerous to a person s safety and health. Section 107 of the Contract Work Hours and Safety Standards Act is addressed. As stated in section 107, a con-... 

In shared workplaces like the constmction site in this case, appliance of the same safety rules and procedures regardless of contractor would benefit all. fir this work situation during lunch break, the installation workers stepped aside to give room to pass when workers carrying the boards entered the landing. So despite the hazard, the mentality was more everyone takes care of his/her own work rather than safe working together . When all workers on a site know and follow the mles and procedures, the evolvement of a safety hazard into a serious accident can be stopped before it is too late. 

In a contract of service it is said that a man is employed as part of the business whereas under a contract for services his work, although done for the business, is not integrated into it but is only accessory to it (Stevenson, Jordan and Harrison v. Macdonald and Evans " The Ready-mixed Concrete (South East) Ltd. v. The Minister of Pensions and National Insurance ). The distinction has serious repercussions on tortious liability for the general rule is that the employer is liable for the torts committed by his employees acting in the course of their employment, but he is not liable for the tortious behaviour of independent contractors. It must be stressed however that there are a number of exceptions to this basic rule. Even where an exception applies and the employer is liable to third parties, it may be that the contract will give the employer rights of reimbursement from the contractor. 

Contractors should train their personnel in the work practices necessary to perform their jobs in a safe and environmentally sound manner. The training provided to contract personnel should include applicable site-specific safety and environmental procedures and rules pertaining to the facility and the applicable provisions of emergency action plans. This paragraph applies to contractors performing operating duties, maintenance or repair, turnaround, major renovation, or specialty work at the facility. 

Arrangements will also be required for the proper induction of any sub-contractors employed on the excavation work so that they are aware of the main hazards and the site rules, including the correct use of personal protective equipment. 

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