CONTRACTOR SAFETY

1.1    The Corporation of the City of Niagara Falls will endeavour to work with all contractors and self-employed contractors to ensure the health and safety of City staff, contractors/contractor staff as well as members of the public.  A Contractor Safety Program will be established to carry out these requirements.
1.2    The intention of this policy is to ensure contractors contracted by the City of Niagara Falls are responsible for taking all necessary steps to protect persons, including workers, visitors, the general public, and property from any harm during the course of the contract. In addition, all work procedures and equipment will be in accordance with the City of Niagara Falls standards, and legislated standards/guidelines.
1.3    It is the policy of the Corporation of the City of Niagara Falls to require that the provisions of the Occupational Health & Safety Act (Act) and applicable Regulations are complied with:
1.3.1.    where the Corporation of the City of Niagara Falls contracts the performance of work or services (non-construction); and
1.3.2.    where the Corporation contracts a "constructor" (as defined in Section 1 of the Act) to undertake a project (construction).
1.4    The purpose of these requirements is to ensure that all reasonable precautions are taken:
1.4.1.    for the protection of workers; and
1.4.2.    so that the Corporation of the City of Niagara Falls is duly diligent in their duties and responsibilities under the Act.

2.1    This policy and program applies to all work and services contracted by the City of Niagara Falls, as defined in Section 4 of this policy.
2.2    Contractor Safety Program:
2.2.1.    This program is divided into the following sections
2.2.1.1.    Definitions
2.2.1.2.    Legislative References
2.2.1.3.    Duties of the Employer
2.2.1.4.    Responsibilities
2.2.1.5.    Types of Contractors
2.2.1.6.    Contractor Safety Program Requirements
2.2.2.    Stages:
2.2.2.1.    Stage 1 - Contractor Checklist
2.2.2.2.    Stage 2 - Pre-commencement Meeting
2.2.2.3.    Stage 3 - Performance Monitoring
2.2.2.4.    Stage 4 - Post Contract Performance Evaluation
2.2.3.    Additional Forms:
2.2.3.1.    Appendix A - Contractor Checklist
2.2.3.2.    Appendix B - Pre-commencement Checklist
2.2.3.3.    Appendix C - Post Contract Performance Evaluation

3.1    In the Occupational Health and Safety Act and Regulations
3.1.1.    Competent Person means a person who:
3.1.1.1.    is qualified because of knowledge, training and experience to organize the work and its performance,
3.1.1.2.    is familiar with this Act and the regulations that apply to the work, and
3.1.1.3.    has knowledge of any potential or actual danger to health or safety in the workplace
3.1.2.    Construction includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project but does not include any work or undertaking underground in a mine.
3.1.3.    Constructor means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer.
3.1.4.    Designated Substance means a biological, chemical, or physical agent or combination thereof prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled.
3.1.5.    Employer means a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services.
3.1.6.    Owner includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace, and a person who acts for or on behalf of an owner as an agent or delegate.
3.1.7.    Prescribed means prescribed by regulation made under the Act.
3.1.8.    Project means a construction project, whether public or private, including,
3.1.8.1.    the construction of a building, bridge, structure, industrial establishment, mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; 
3.1.8.2.    the moving of a building or structure, and
3.1.8.3.    any work or undertaking, or any lands or appurtenances used construction.

4.1    LEGISLATIVE REFERENCE
4.1.1.    Occupational Health and Safety Act (OHSA) & various Regulations, RSO 1990
4.1.2.    Industrial Establishment Regulations, Reg. 851, R.R.O. 1990
4.1.3.    Construction Projects Regulations, Reg. 213/91
4.1.4.    Asbestos on Construction Projects & in Buildings & Repair Operations, Reg. 278/05
4.2    DUTIES AND RESPONSIBILITIES
4.2.1.    Where the City of Niagara Falls contracts the services of one or more workers, including a contractor or sub-contractor who performs work or supplies services where the contractor is not deemed the constructor, the City of Niagara Falls is considered the employer under the Act and assumes all of the duties outlined under Sections 25 and 26 of the Act.
4.2.2.    The employer will review and evaluate the Contractor Safety Program annually in consultation with the Joint Health and Safety Committee (JHSC) and Corporate Health Services.
4.2.3.    Director (or Delegate)
4.2.3.1.    Is responsible to ensure that the requirements of this policy and program are carried out with respect to contracted work performed under their authority or control (this may include work completed under their direction for site/location outside their department).
4.2.4.    Manager/Supervisor
4.2.4.1.    Shall ensure that any contracted work performed under their authority or control conforms with the requirements of this policy and program. 
4.2.4.2.    Shall ensure that contract personnel (non-construction) are aware of the requirements of the policy/program.  And, that a pre-commencement meeting and checklist is completed prior to commencing work, as outlined in Stage 2 of the Contractor Safety Program.
4.2.4.3.    Shall report any performance issues and concerns as outlined in Stage 3 of this policy to their Director and Corporate Health Services.
4.2.4.4.    Shall monitor contractor performance and use the forms provided in the Contractor Safety Program to keep a record, as outlined in Stage 3 and 4 of the program.
4.2.5.    Contractors
4.2.5.1.    Shall enforce and comply with the requirements of this policy/program and ensure that their workers are aware of this policy/program, and comply with the various requirements.
4.2.6.    Supply and Services
4.2.6.1.    Provide a copy of the Contractor Checklist (Appendix A) to the successful bidder, as outlined in Stage 1 of the Contractor Safety Program.
4.2.6.2.    Keep copies of completed forms pertaining to the Contractor Safety Program in the contractor's file for future reference.
4.2.7.    Supply and Services
4.2.7.1.    The Health & Safety Administrative Staff shall be a resource to each Division as well as to
4.2.7.2.    Managers/Supervisors with regards to all elements of the Contractor Safety Program.
4.3    VARIOUS TYPES OF CONTRACTORS
4.3.1.    The types of contractors employed by the City of Niagara Falls can be classified into two groups:
4.3.2.    Maintenance and Service Work
4.3.2.1.    Includes services provided under contract such as snow removal services, electricians, custodial services, security, heating, ventilation and air conditioning specialists, elevated tanks, signal repairs, patch-work, landscaping, land surveying, environmental assessments requiring drilling/excavation etc., inspections, hired equipment list and others, as determined by each Division and Supply & Services, and are usually employed for set periods of time, as determined by terms and conditions of the agreement; and
4.3.2.2.    Services provided on an "ad hoc" basis, such as plumbers, appliance repair persons, water main breaks, or general handy - persons, who are employed periodically for short term assignments.
4.3.3.    Construction Project(s)
4.3.3.1.    Includes Project General Contractors, such as construction companies, where they are employed to carry out a project, and where the final completion of the project is determined by the Divisional Representative.  Examples include construction of a building, installation of elevator or replacement of boilers and other major mechanical equipment.
4.4    CONTRACTOR SAFETY PROGRAM REQUIREMENTS
4.4.1.    The City of Niagara Falls Contractor Safety Program is comprised of four (4) stages which include the following:
4.4.2.    Stage 1 - Contractor Checklist
4.4.2.1.    A Contractor Checklist, (APPENDIX A, As Amended from Time to Time) will be supplied to the successful bidder. The checklist is to be completed by the successful contractor prior to any work commencing.  The contractor checklist will help determine if a contractor is likely to perform the work in accordance with Occupational Health & Safety requirements.
NOTE:
4.4.2.2.    The City of Niagara Falls may conduct an investigation into the Occupational Health & Safety performance and practices of a contractor in order to confirm that the contractor has complied with the program requirements. Non-compliance contract.
4.4.3.    Stage 2 - Pre-commencement Meeting
4.4.3.1.    After a contract has been awarded, but prior to the job commencing, the Pre-commencement Checklist (APPENDIX B, As Amended from Time to Time) will be reviewed and completed by the applicable Division Representative with the successful contractor.  In addition, it is recommended that Corporate Health and Safety staff assist in this process.
4.4.4.    Stage 3 - Performance Monitoring
4.4.4.1.    Under the Occupational Health & Safety Act, liability can be directed to the employer for contractor safety infractions, especially in the case of critical injuries and fatalities. During the contract, the Divisional Representative responsible for overseeing contract performance will monitor the contractor's performance on a regular basis, documenting any issues or concerns. If any issues or concerns arise, the contractor will be notified both verbally and written.
4.4.4.2.    The City of Niagara Falls retains the right to stop the contractor's work without penalty to the Corporation of the City of Niagara Falls if the contractor does not comply with the Occupational Health and Safety Act, the Regulations, all applicable Corporate Policies and Industry standards/guidelines, or creates an unacceptable health and safety hazard. And the retention of this right shall be reflected in all construction, maintenance and servicing contracts.
4.4.5.    Stage 4 - Post Contract Performance Evaluation
4.4.5.1.    The Post Contract Performance Evaluation form (APPENDIX C, As Amended from Time to Time) is to be filled out, signed and retained in the bid file in Purchasing (Supply & Services) 
4.4.5.2.    And a copy sent to the Health Services Specialist.  As a result of documented "poor performance", the contractor may be disqualified from bidding on future work for the Corporation of the City of Niagara Falls.
NOTE
4.4.5.3.    The Corporation of the City of Niagara Falls reserves the right to the following:
4.4.5.4.    disqualify a contractor based on past performance; and 
4.4.5.5.    obtain documentation to demonstrate that the contractor complies with the program requirements.
4.4.5.6.     and the retention of this right shall be reflected in all construction, maintenance and servicing contracts.

5.1    The next review dated is scheduled for September 26, 2030

Appendix A - Contractor Checklist
Appendix B - Pre-commencement Checklist
Appendix C - Post Contract Performance Evaluation