Contractor OHS Compliance Checklist for Employers and Projects
Contractor occupational health and safety management begins before appointment and continues until work is closed out. A certificate pack collected at tender stage is not enough: the client or employer must understand the work, define controls and monitor whether contractors and subcontractors follow them.
Define the work and risk profile
Document the exact scope, location, duration, workforce, equipment, substances and interfaces with employees or the public. Identify high-risk activities and determine which legislation, regulations, permits, client rules and competence requirements apply.
Pre-qualification checks
- Company identity, insurance and compensation-status evidence where required.
- Relevant experience, references and previous safety performance.
- Competent supervision and appropriately trained personnel.
- Plant, machinery and equipment inspection or certification records.
- Capacity to prepare risk assessments, procedures and emergency arrangements.
- Subcontractor selection and control process.
Verify documents rather than accepting them at face value. The relevance and validity of evidence matters more than the number of pages submitted.
Written responsibilities and section 37 arrangements
Section 37 of the Occupational Health and Safety Act addresses acts or omissions by mandataries and written arrangements for compliance. A generic signed form should not replace a clear allocation of scope, duties, communication, reporting, monitoring and corrective-action procedures. Obtain legal advice for the specific contractual arrangement.
Construction-specific planning
Where the Construction Regulations apply, clients, designers, principal contractors and contractors have defined duties. Requirements may include notification or permits, specifications, plans, appointments, risk assessments and safety files. Confirm the current regulations and project category rather than assuming every maintenance or installation job is treated identically.
Before work starts
- Approve the task risk assessment and safe work method.
- Verify appointments, competence, medical fitness and licences where applicable.
- Complete site and task induction.
- Confirm emergency, first-aid and incident-reporting arrangements.
- Issue permits and isolate hazards where required.
- Agree communication, inspection and stop-work procedures.
Monitor the work in progress
Supervisors should observe work, verify critical controls and record deviations. Review toolbox talks, permits, equipment checks, housekeeping and changes to scope. Correct unsafe conditions promptly and escalate repeated or serious breaches according to the contract and risk.
Use a current HIRA and ensure contractor training is reflected in the relevant training matrix.
Manage incidents and changes
Contractors must know whom to contact, what must be preserved and which events require internal, client, compensation or regulatory reporting. A change in people, equipment, method, location or conditions may require a revised risk assessment and renewed approval.
Close out properly
Confirm that work is complete, temporary controls are removed safely, permits are closed, equipment is handed over and outstanding findings are resolved. Retain required records and review contractor performance before future appointment.
Common contractor-management failures
- Selecting contractors only on price.
- Using a generic section 37 agreement without operational controls.
- Allowing unapproved subcontractors or scope changes.
- Checking files but not observing work.
- Failing to track corrective actions and recurring breaches.
JAFO can help organisations review contractor packs, conduct inspections and prepare an OHS compliance audit for the agreed site or project scope.
Frequently asked questions
Does a section 37 agreement remove all client responsibility?
No blanket conclusion should be made. The Act, written arrangements and actual conduct must be considered together. Obtain advice for the specific relationship.
Should every contractor submit the same file?
No. Core controls may be standardised, but the evidence must match the contractor’s work, hazards, workforce and applicable regulations.
Who monitors subcontractors?
Responsibilities should be defined contractually and operationally, with the appointing contractor maintaining effective control and the client applying its oversight process.
This checklist is general information and not a substitute for project-specific legal and technical advice.