Contractor's _obligation, by B C Das

1. 1
Safety Obligations
For Contactors

2. 2
Contracts
When employer get works done with
resources over which he has no direct
authority, it becomes necessary to acquire a
required authority in lieu of some
considerations. Such arrangement can be
termed as contracts.

3. 3
3 R’s of Contracts
 Responsibility
 Scope of work, Schedule of work, Technical
specification, General condition of contact,
Special condition of contract
 Reimbursement
 Lump sum, Cost-plus, Item- Rate
 Risks
 Equipment Failure, Time overrun, Strike,
Accident, Losses etc.

4. 4
Worker
Means a person employed directly or by or through
any agency including a contractor with or without
the knowledge of the principal employer, whether for
remuneration or not in any manufacturing
process or in cleaning any part of the machinery
or premises used for a manufacturing process or in
any other kind of work incidental to or
connected with the manufacturing process or
subject to manufacturing process.

5. 5
General Duties of Employer
Shall ensure the Health, Safety
& Welfare of all workers while
they are at work in the factory

6. 6
Employer’s Safety Obligations
 For selection of contractor obtain &
evaluate information of his Safety
performance.
 Inform contractor / his workers about
known Hazards, Emergency Action Plan,
Safe work practice. Ensure contractor’s
compliance.

7. 7
Employer’s Safety Obligations
 Inform contractor / his workers about
potential Fire, Explosion or Toxic release
Hazards in Work / Process.
 Develop & Implement Safe work practices
to control entrance, presence & Exit of
worker in confined space of process.

8. 8
Maintain a contract employee injury / illness log
related to work
Assure each contract worker receive & understand
Safety Training(including Job Safety)
prepare & Maintain record to contain identity of
contractor’s workers, date of Training & means
used to verify that he understood the Training

9. 9
Contractor’s Safety Obligation
 Contractor to provide list of workers to
be engaged before start of work
 Contract workers to undergo Safety
Induction Training in Safety Department
and obtain Training Certificate.
 Contractor to obtain Safety Clearance for
the job from Deptt. / SED. No worker
shall be allowed on work without Safety
Trg. Certificate / Photo Gate pass.

10. 10
Contractor’s Safety Obligation
 In areas highly sensitive with respect to
Safety Hazards contractor to obtain proper
work permit, Shutdown clearance &
instructions from Engineer I/C daily before
starting the work.
 All contact workers to follow Safety
precaution & Rules, use proper PPEs.
 In the event of any work accident major or
minor, the worker to be admitted in BGH.

11. 11
 In case of violations of Safety requirements
contractor is liable for penalty up to
Rs 1000/= for 1st violation
Rs 3000/= for 2nd violation
Rs 50000/= for 3rd violation/Debar
 Return all gate passes of workers after
completion of work.
Contractor’s Safety Obligation

12. 12
Safety Obligation in Contract Management
 Are contract workers - temporary or part time
accorded the same protection as regular site
employees ?
 Are contract workers screened for Health &
Safety programmes and performance prior to
hiring ?
 Do contracts bind contractors to obey all
applicable rules and regulations ?

13. 13
Safety Obligation in Contract Management
 Do contracts provide for :-
 Oversight and enforcement ?
 Prompt correction of hazards ?
 Submission of injury report ?
 Penalty for repeated & willful non-compliance ?

14. 14
Safety Obligation in Contract Management
 Are contract workers fully aware of
hazards they are exposed to ?
 Are contract worker effectively
supervised & monitored ?
 Are injury & illness record
maintained by site management for
contractor workers ?

15. 15
Safety Obligation in Contract Work
 Cotractor has to provide list of workers
to be engaged before start of work.
 All the labours & Supervisor. should
undergo Safety Induction Training and
obtain certificate before engaging on job.
 Contractor must obtain Safety clearance
before start of the work.

16. 16
Safety Obligation in Contract Work
 The contractor must take work permit,
shutdown clearance and other instruction
fromEngr I/c on daily basis.
 Safety of workers employed by contractor
is entirely his responsibility. In the event of
any accident, the workmen are to be
treated.

17. 17
Penalty Provisions : Safety Violations
For violation of Safety requirements, contractor is
liable for penalty of -
1st violation : Rs. 1000/-
2nd violation : upto Rs. 3000/-
3rd violation : debarred for one year
: Fine upto Rs. 50,000/- for
high value contracts (with
approval of Gen. Manager /
ocuupier