“PCBU” Person conducting a business or undertaking
“Contractor” The person bound to execute the work under the contract
“Principal” Refers to Beechmont Estate Pty Ltd or any related bodies corporate or an employee representative of Beechmont Estate acting as the project or works manager and point of contact
“Business Hours” Refers to the hours 7.00am to 5.00pm Monday to Friday
“After Hours” Refers to any hours outside the specified business hours
“BE” Beechmont Estate Pty Ltd or related bodies corporate
“Site” Any BE business site
“JSA” Job Safety Analysis
“Services” The services in which the Contractor is engaged to complete
“Worker” means any person who is an employee, agent or sub contractor of the Contractor and whose Services are provided to the Principle.
“SWMS” Safe Work Method Statement
“MSDS” Material Safety Data Sheet
“Incident” An event or chain of events which has or could have caused:
– Injury or illness to workers, contractors, visitors
– Damage to the environment
– Damage or loss to assets
- The Principal reserves the right to stop all work when and if agreed the Contractor violates safety procedures.
- All information furnished to the Contractor must be respected and considered confidential.
- In the event of an incident the Contractor is not permitted to provide any information to any media service, including social media.
- All Contractors must sign the visitors book on entering and leaving the site.
- Safety glasses must be worn when appropriate signage specifies.
- All drivers shall abide with speed limits and traffic signs at all times. In the absence of speed limit signs the speed limit shall be walking pace only.
- Contractors are to park their vehicles in the designated car parks unless previously arrange with the Principal.
- Truck drivers must remain within clear view of the forklift operator at all times and also clear of any suspended loads.
- The Contractor shall examine the work area with the Principal prior to starting work.
- Contractors are responsible for maintaining sound housekeeping within their work areas at all times.
- Contractors should undertake a JSA , SWMS or risk assessment prior to starting work with a copy of the document supplied to the Principal for record keeping.
- Contractors must review any area related SOP’s prior to starting work.
- Contractors are responsible to ensure compliance with all legislated safety requirements. Failure to comply may result in the removal of the Contractor and their personnel from site.
- No work is to commence on walkways or access routes without prior approval from the Principal.
- All chemicals introduced on site shall be accompanied by an MSDS
- Spillages of chemicals must be cleaned up or contained immediately with health and safety being paramount.
- If the spill cannot be contained then the Principal must be notified immediately to initiate emergency response procedures.
- An incident form must be completed and a copy supplied to the Principal following any chemical spill or near miss.
- All waste material disposed of from site must be accompanied by a copy of a Waste Tracking Form, if legally required
Drugs and Alcohol
- Drugs and alcohol are not permitted on any site at any time. Contractors shall be refused entry if found to be carrying or under the influence of drugs or alcohol.
- Any Contractor exhibiting unusual behaviour suspected from drug or alcohol use will be escorted from site with arrangements being made to transport the affected person/s back to the Contractors workplace.
- If a Contractor drives off site when suspected of being under the influence of drugs or alcohol, the police and Contractor company will be notified immediately with all relevant information. This is to ensure the safety of other road users.
- If a Contractor observes a BE employee using drugs or alcohol then they must discretely notify the Principal immediately. All information shall be treated with the utmost discretion and privacy.
- All BE sites are submitted to Random Breath Testing.
- BE medically recognises that the inhalation of tobacco smoke is a health risk.
- BE has an objective to become a smoke free workplace.
- Designated smoke free work environments are:
- All buildings and structures
- All BE vehicles
- Areas at risk of fire or explosion
- Smoking is only to be undertaken during designated break times.
- Breaching BE smoke free requirements will result in disciplinary action for the Contractor employee and Company which may include exclusion from BE sites.
Personal Protective Equipment (PPE)
- Appropriate PPE shall be worn on all BE sites.
- The Contractor shall be responsible for ensuring their employees have access to the appropriate PPE and must comply with reasonably required PPE requirements.
- The Contractor is responsible to ensure the use of any specific PPE requirements prior to the commencement in the work area.
- All incidents, injuries, hazards and near misses shall be reported on the Contractors and/or BE Incident Report Form.
- First Aid facilities are available at all BE sites and all BE sign written vehicles.
- Trained first aid personnel are available at all BE sites.
- The Contractor is responsible for reporting any notifiable incidents to the relevant work place authorities if their employee was involved in the incident. The Contractor must also notify the Principal of the notification.
- A full investigation, involving the Contractor, will commence ASAP after the event.
- Fire fighting equipment is available for trained Contractors with safety being paramount.
- Except with specific permission from the Chief Warden, Contractors are not permitted to leave the Site during an evacuation.
- No Contractor is permitted to go back into the emergency area to gather tools or search for personnel. Emergency response teams shall initiate any search and rescue requirements.
Tools and Equipment
- Authorisation must be obtained from the Principal prior to appropriately licensed Contractors using any BE Plant i.e. EWP, Scissorlift, Forklift, Crane, Tractor etc.
- Contractors shall supply and use all their own tools, ladders and equipment unless prior arrangements have been made.
- All Contractors tools, ladders and equipment must be in safe condition and meet all relevant Australian Standards.
- The BE prohibits the use of faulty, damaged or dangerous tools and equipment.
- Contractors must be trained and competent with all tools and equipment brought onto site.
Isolation / Lock Out
- Plant and equipment must be isolated prior to entry by attaching their Lock Out Lock/Tag for purposes including maintenance, adjustment or modification.
- Contractors shall check for effective isolation and stored energy prior to entry.
- Contractors may only remove their own Lock Out Lock/Tag. Removing another persons Lock Out Lock/Tag will result in referral to the Contractor Company for disciplinary action.
- If Contractors are not aware of any lock out procedure check with the Principal prior to isolation or entry.
- Only licensed Electrical Contractors are able to perform work on electrical installations or equipment.
- All electrical equipment brought onto site must be inspected and tested regularly as per the Australian Standard.
- Portable RCD boxes must be used on all portable equipment where it cannot be proven that outlets are RCD protected.
- Contractors cannot enter switch rooms or transformer yards without prior written permission from the Principal.
- Connection to, or isolation of, any electrical systems is prohibited without prior permission from the Principal.
- Hot Work Permits must be completed for any work outside the BE workshops that could cause fire.
- Contractors cannot issue their own Hot Work Permit.
- Contractors has a responsibility to complete the Hot Work Permit once the task has been completed.
- During the “Fire Danger Season” an additional permit may be required from the relevant fire authorities.
Compressed Gas / Air
- Compressed gas cylinders, both full or empty, must be secured in an upright position with a rope or chain.
- Compressed gas cylinders must not be exposed to heat or electrical circuits.
- All compressed gas cylinders must be fitted with anti-flashback devices.
- Eye protection must be worn when using compressed air.
- It is strictly prohibited to use compressed air to clean your body or clothing.
- Only trained personnel are permitted to enter a confined space.
- A copy of the relevant licence must be supplied prior to entry.
- Only trained BEpersonnel are permitted to issue Contractors with a confined space permit.
- Contractors cannot issue their own confined space permit.
- Air monitoring may be required and this must be done by a trained BE person.
- All criteria identified on the permit must be met prior to entry.
Working at Heights
- Work on any roof or elevated area shall be assessed and the completed JSA supplied prior to commencement.
- Fall restraint devices must meet BE standards as well as the relevant Australian Standards.
- Areas below the area where the work is being undertaken must be isolated to prohibit entry by pedestrians / unauthorised personnel.
- Ladders must meet all BE and Australian Standards. A three (3) points of contact must be maintained at all times.
- Ladders must be tied off top or bottom prior to commencement. If this cannot be done then someone must foot the ladder at all times.
- Work shall only be performed from the floor of the elevated platform, not the rails.
Conditions of Entry
By entering the property the Contractor agrees to the following:
1. The Contractor must:
(a) ensure that all Services carried out pursuant to this Agreement comply with all occupational health and safety requirements in accordance with the laws of the State or Territory in which the Services are carried out;
(b) ensure that the Workers are not exposed to risks to their health and safety or hazards arising from the provision of Services under this Agreement;
(c) ensure that any equipment or facilities provided for use in the provision of Services are safe and without risk to the Workers health or other visitors and employees on the site and safety when properly used;
(d) ensure that the systems of work and the working environment are safe and without risk to the Workers health and safety; and
(e) provide such information, instruction, training and supervision as may be necessary to ensure that the Services provided under this Agreement are provided without risk to the Workers health and safety.
(f) ensures compliance with the information provided on this website
2. The Contractor must ensure that all Workers engaged in the Services:
(a) fully comply with the appropriate regulations, standards and legislation;
(b) exercise reasonable and necessary precautions which are appropriate to the nature of the Services and the conditions under which the Services are carried out; and
(c) receive adequate training to ensure tasks are undertaken in a manner that minimises the risk to their own health and safety and the health and safety of others, and that the Workers will not undertake any tasks for which they have not received adequate training.
3. The Contractor must immediately notify the Principal of any injury sustained by any Worker whilst performing the Services or any incident that the Principal ought to be aware of.
4. The Contractor represents, warrants and agrees that whilst the Contractor is performing the Services:
(a) the Contractors Workers are under the care, control and supervision of the Contractor;
(b) the Contractor has direct control of all outcomes in relation to both the Services and the Workers;
(c) the Principal is not responsible for any act, omission or default of the Workers; and
(d) the Principal is responsible for any work cover claim in relation to the Services.
5. The Contractor indemnifies and holds harmless the Principal and agrees to keep the Principal indemnified from and against all loss, demands, damage, penalty, charge, claim, action, harm, injury, cost or expense of any kind whatsoever (including consequential loss) (“Loss”) incurred or suffered directly or indirectly from or in connection with:
(a) a breach of this Agreement by the Contractor;
(b) the termination of this Agreement by the Principal because of a breach of this Agreement by the Contractor;
(c) any willful, unlawful, dishonest or negligent act or omission of the Contractor or the Workers whilst performing the Services;
(f) any injury to or death of a natural person and any loss of or damage to a third party’s real or personal property caused or contributed to by the Contractor or the Workers whilst performing the Services;
(g) any claim, action, demand or proceeding by a third party against the Principal caused by or contributed to by the Contractor or the Workers performing the Services; or any claim, action, demand or proceeding by a third party against the Principal arising directly or indirectly out of a breach of this Agreement by the Contractor or the Workers performing the Services, or by any wilful, unlawful or negligent act or omission of the Contractor or the Workers performing the Services, except to the extent that any Loss is solely and directly caused by the negligence of the Principal.
5.1 This clause will survive termination of this Agreement.
6.1 The Contractor may not assign this Agreement or any of its obligations under this Agreement or otherwise transfer the benefit of this Agreement or a right or remedy under it, without the prior written consent of the Principal.
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