Have you ever hired a contractor only to witness them doing
unsafe acts while doing work for the city?
Many of you have probably had these types of experiences, and can think
of several examples when this happened to you.
What did you do about it?
Although it may not happen that often, there are times when
OSHA can hold the city responsible for safety violations committed by the
contractor. This can happen when the
city hires a contractor, but doesn’t do their homework before they hire. Whether or not your own employees are put at
risk by these unsafe acts or conditions, the city can still be held liable in
some situations.
In order to make sure you are hiring quality contractors
(and reducing city liability), you should consider having a written contractor
safety program. The program may include
some of the following:
- Contractor safety records
- Insurance requirements
- Indemnification
- Unsafe Acts
- Written safety programs and training
- Supervision
- Use of equipment
Contractors should be thoroughly screened before
hiring. If you don’t already have one,
you may wish to consider using a checklist or form to gather contractor data
before signing the contract for the work to be done. The checklist may look something like the
following:
_____ Contract bid
specifications include a requirement of workers’ compensation modifier of 1.1
or below, OR include language that weighs the contractors’ safety records.
_____ [ENTITY] is
named on the contractor’s policy as an “Additional Insured”. List coverage periods:
_____ The contractor
has provided a certificate of insurance to [ENTITY] for both liability and
workers’ compensation. List coverage
periods:
_____ Contractor
agrees to defend and indemnify [ENTITY], and the employees, officers and agents
of the entity for any claims filed against the entity arising from the
contractor’s actions.
_____ The
contractor has provided [ENTITY] with the following written safety programs:
_____ The
contractor has provided [ENTITY] with the following safety training records:
_____ The
contractor has attended an orientation session for working with [ENTITY]. List date:
If your city has questions about contractor safety and
liability, please be certain to contact your assigned loss control
consultant. They can help answer your
questions and provide you with additional resources.
LMCIT Loss Control Staff