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03-007 Contractor Management Program_2018 Town of Tillsonburg Contractor Management Program Date: July 13th, 2018 Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13, 2018 Page 2 of 35 Table of Contents 1 Policy and Statement of Intent ................................................................................................................ 4 2 Scope, Limitations and Ownership .......................................................................................................... 4 2.1 Scope .............................................................................................................................................. 4 2.2 Limitations ...................................................................................................................................... 5 2.3 Ownership of Program .................................................................................................................... 5 3 Definitions .............................................................................................................................................. 5 4 Training .................................................................................................................................................. 6 5 Introduction to Contractor Management ................................................................................................. 6 5.1 Risk Level ........................................................................................................................................ 7 5.2 Pre-approval Process ....................................................................................................................... 7 6 Hiring Contractors .................................................................................................................................. 7 6.1 Private Homeowners ....................................................................................................................... 8 6.2 Independent Operators ................................................................................................................... 8 6.3 Hiring in Emergencies ...................................................................................................................... 9 6.4 The Town as a Contractor ................................................................................................................ 9 7 Monitoring and Evaluation of Contractors ............................................................................................... 9 7.1 Supervision ................................................................................................................................... 10 7.2 Incident Reporting ......................................................................................................................... 10 8 Waste and Recycling ............................................................................................................................. 11 9 Program Forms and Documentation ...................................................................................................... 11 9.1 Contractor Document Checklist ..................................................................................................... 11 9.2 Contractor Agreement ................................................................................................................... 11 9.3 Site Supervisor Inspection Checklist ............................................................................................... 11 9.4 Safe Work Planning Form .............................................................................................................. 12 9.5 Record Retention .......................................................................................................................... 12 10 Construction Contracting................................................................................................................... 12 10.1 Documentation ............................................................................................................................. 13 10.2 Town of Tillsonburg as “Constructor” ............................................................................................. 13 10.3 Town Not Acting As “Constructor” ................................................................................................. 14 11 Roles & Responsibilities .................................................................................................................... 15 Town of Tillsonburg .................................................................................................................................. 15 Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 3 of 35 Department or Individual Hiring the Contractor ........................................................................................ 16 Department or ......................................................................................................................................... 17 Individual Hiring the Contractor ................................................................................................................ 17 Town of Tillsonburg as Supervisor (overseeing Contractors) ...................................................................... 18 Town of Tillsonburg as Supervisor (when Town is Constructor), or General Contractor as Supervisor (when GC is Constructor) .................................................................................................................................... 19 Contractor or Subcontractor ..................................................................................................................... 20 Human Resources ..................................................................................................................................... 20 Finance Department ................................................................................................................................. 20 12 Record of Revisions ........................................................................................................................... 20 Appendix 1: Construction Project Decision Flowchart ............................................................................... 21 Appendix 2: Site Supervisor Inspection Checklist ...................................................................................... 22 Appendix 3: Contractor Documentation Checklist ..................................................................................... 25 Appendix 4: Contractor’s Agreement ....................................................................................................... 26 Appendix 5: Job Hazard Analysis .............................................................................................................. 28 Appendix 6: Safe Work Planning Form ..................................................................................................... 29 Appendix 7: Constructor Responsibilities Checklist ....................................................................................... 33 Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 4 of 35 1 Policy and Statement of Intent The Town of Tillsonburg Contractor Management Program is intended to ensure that a consistent process is followed when sourcing and hiring contractors, in order to minimize any safety risk to staff, contractors or the general public, as well as to minimize risk and liability to the organization. The Contractor Management Program contains this detailed outline, as well as related flow charts and forms that allow flexibility in the process of hiring a contractor or contractors. When hiring a contractor to perform simple, low risk work, the process is intended to be simple, however, the program allows for the demands to increase as the risks in the work increase. This program is applicable to the hiring of all contractors, whether for work related to capital projects, or for simpler work necessary to meet the ongoing day to day needs of the organization. Examples of all forms and checklists are included in this program in the Appendix. 2 Scope, Limitations and Ownership 2.1 Scope The Tillsonburg Contractor Management Program and related forms will be applicable to the hiring of contractors to perform any work on behalf of the Town of Tillsonburg, regardless of the scope or type of work being contracted. Contractor management is a critical part of managing large scale improvement or repair projects, but is also important when hiring contractors to perform any other work that may create liability. Different types of work may require different levels of training or qualifications, based on the risk level in the work or legal requirements related to the work. There are also often differences in required qualifications based on whether the work is considered construction work or not. Non-construction work includes, but is not limited to: equipment or vehicle repair or service, IT service, consulting / engineering / training, cleaning services, catering, furniture assembly, etc. Construction work includes but, is not limited to: the erection, installation, modification, renovation or demolition of all or part of a building or structure, painting of new walls or structures, the installation of machinery, electrical installations, service connections, concrete work, earthmoving or grading, trenching or scaffolding. (as outlined in the Occupational Health and Safety Act, Section 1 (OHSA, S.1)). Department Managers are responsible for determining the scope and risk level of the work being contracted, and to follow the program appropriately, based on that determination. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 5 of 35 2.2 Limitations The program does not address the direct hiring of employees on contract, whether permanent or temporary or delivery drivers such as Purolator, Fed Ex, or similar organizations. The program also does not apply to visitors, who may attend a Town office or facility for meetings or other reasons. 2.3 Ownership of Program This program is “owned” by the Chief Administrative Officer or delegated authority which has responsibility for ongoing review and revision. Regular reviews of the program, and any revisions to be made, will be completed in consultation with Human Resources and all departments to whom the program applies. 3 Definitions 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 (OHSA, S.1)); (see also “Project” definition) Constructor - 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 (OHSA S.1) Contractor - A person or firm hired on a contract basis for monetary compensation to perform specific work on behalf of the Town of Tillsonburg. The contractor can be both an employer and a worker, and includes their own staff. 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 (OHSA S.1) General Contractor - A person or firm hired on a contract basis to undertake a Construction Project on behalf of the Town of Tillsonburg, and will assume the role of Constructor Lead Department - The Town department assuming responsibility for a given project. 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; (OHSA S.1) Project means a construction project, whether public or private, including, (a) 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, water main, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, (b) The moving of a building or structure, and (c) Any work or undertaking, or any lands or appurtenances used in connection with construction (OHSA S.1); see also “Construction” definition Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 6 of 35 Supervisor - A person who has control over a workplace or authority over a worker Worker means: 1. A person who performs work or supplies services for monetary compensation. 2. A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled. 3. A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university or other post-secondary institution. 4. A person who receives training from an employer, but who, under the Employment Standards Act, 2000, is not an employee for the purposes of that Act because the conditions set out in Subsection 1 (2) of that Act have been met. 4 Training Training will be provided for Department Managers, Departmental Supervisors, Purchasing staff who may be involved in the hiring of contractors, and any other departmental staff that may become responsible for the hiring or managing of contractors. This training will include:  Training on the Contractor Management Program including a course/workshop in ‘Managing Contractors”  Laser fiche training Retraining will be completed every three years, unless changes to the program make it necessary to retrain sooner on the revised program. 5 Introduction to Contractor Management The Contractor Management Program provides basic steps to be followed to hire any contractor. While further details are provided within this document, the basic steps for hiring contractors can be summarized as shown: a) Identify work to be contracted out b) Review the scope of work and resulting risk level to determine what records are necessary from contractor c) Source contractor d) Provide list of required documentation to contractor e) Have contractor sign Contractor Agreement and provide all required information f) Meet to complete Safe Work Planning Form, (high risk contracts only) g) Monitor and evaluate work of contractor h) Determine whether contractor may be hired for future work Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 7 of 35 5.1 Risk Level When hiring a contractor, the decision on how much documentation to request should be made based on the risk level of the work being completed. The higher the risk level of the work, the more care should be taken to confirm the qualifications and training of the contractors are appropriate for the work. Risk level will be determined through completing the Town’s Job Hazard Analysis (JHA – Appendix 5), or by using an existing JHA to verify all risks have been identified, assessed and appropriately controlled. High risk work may include, but not be limited to, tasks such as road repair, trenching, working at heights, working on or near electrical power lines or stations, roof repair or replacement, confined space entry situations such as sewer work, structural repair or renovation to buildings, etc. Moderate risk may include, equipment or vehicle repair, minor building repair or renovation, grounds keeping, snow removal, Low risk work may include, but not be limited to, clerical work, consulting, training, or cleaning. For low risk work, the hiring department may determine that liability insurance, clearance certificate and a signed Contractors Agreement may be sufficient, or as they deem appropriate. For work with a moderate level of risk, the hiring department may determine what qualifications, training or other records are appropriate for their circumstances. For any high risk work, copies of all related qualifications should be obtained to confirm they meet the legal minimum and industry practice. 5.2 Pre-approval Process The Town will generate and maintain a list of contractors that already have basic approvals to provide work on site. This could be done by posting for submissions from contractors who wish to be able to bid on work, or by adding contractors to the list as they are hired to perform work and demonstrate their reliability. Any list of pre-approved contractors will be maintained by the Finance Department, and by each department related to their own needs. The Hiring Department or Individual shall contact Finance to confirm annual documentation is updated. 6 Hiring Contractors Contractors may be hired in accordance with the Town’s Purchasing By-law 3967, or may be sourced from a list of pre-approved contractors. A pre-approved contractor has already submitted documentation showing they have appropriate basic coverage and qualifications to perform work for the Town. A review of the work to be completed will determine what further qualifications may need to be confirmed, or if updated proof of coverage is necessary. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 8 of 35 Contractors will be expected to provide all requested documentation identified on the Contractor Documentation Checklist (Appendix 3) and execute a Contractor Agreement (Appendix 4) with the Town before beginning work on site. For pre-approved contractors who perform work on behalf the Town regularly, submission of a signed Agreement and requested documentation may be provided on an annual basis, with anything newly identified being added as needed. Workplace Safety and Insurance Board (WSIB) Clearance Certificates and proof of current, adequate insurance coverage must be provided on an ongoing basis, based on expiry dates. The amount of insurance coverage will vary depending on the work, and will be determined by the hiring Department Manager, at a minimum shall be $5 million dollars. As it is not possible to anticipate ALL work that may be contracted, the potential hazards and required documentation listed will provide guidance, but consideration must be given to the specific work planned and the related hazards and necessary qualifications. The Contractor must provide proof of qualifications and any training records requested. Records requested should be reflective of the work being completed and the hazards that may be present. The Contractor Documentation Checklist provides guidance as to what training may be necessary, but where appropriate, additional records may be requested. When additional assistance is needed to determine appropriate training or qualifications for a contractor, Human Resources staff should be consulted for guidance. The Town may also ask for information on injury statistics from contractors. These may be requested in the form of Firm Profile or Workplace Injury Statistical Report (WISR) available from WSIB. 6.1 Private Homeowners Private homeowners may hire contractors to complete work on their properties. Sometimes responsibility for the work being contracted may transfer to the Town of Tillsonburg due to circumstance of the work or location. At that time an Encroachment Permit is required. If the Town assumes responsibility for the work, this program becomes applicable and the Contractor will be asked to comply immediately, including providing requested documentation and records. 6.2 Independent Operators Independent Operators are non-construction contractors who are sole proprietors and have no employees. They may obtain coverage from WSIB voluntarily, but they are not required to do so. It is important to note that ALL construction contractors of any kind must have WSIB coverage and are not eligible for Independent Operator status. Care must be taken when hiring independent operators as it is possible for them to be considered employees of the Town, especially if their only client is the Town. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 9 of 35 WSIB’s Independent Operator policy (Policy # 12-01-01) should be used for reference if there is any question as to the contractor’s status. Independent Operators who are not required to have coverage with WSIB will be asked to provide confirmation of their status from WSIB. The Town will require them to either register with WSIB or provide proof of private insurance in lieu of WSIB coverage. 6.3 Hiring in Emergencies On occasion, emergency situations may arise that require a contractor to be hired at extremely short notice, with no time to obtain sign offs or other documentation. In these cases, the Hiring Department or Individual will make the decision to go ahead and hire an appropriate party. The sign off and other documentation may be obtained as soon as possible, once the initial emergency situation has been resolved. Note – a Hiring Department or Individual’s failure to follow the program requirements and obtain appropriate documentation in advance of scheduled work beginning does not constitute an emergency. This exemption is intended for true emergencies such as flooding, major equipment failure, etc. 6.4 The Town as a Contractor Some Town personnel or departments work under contract to other organizations. In these cases, they are the “contractor” rather than the hiring employer. These employees are expected to work in accordance with all department safety and planning requirements of the Town of Tillsonburg, as well as any specific requirements that may be provided by the hiring organization. 7 Monitoring and Evaluation of Contractors The Town staff will monitor the activities of all contractors on site. For higher risk work, the hiring department will establish a schedule of regular visits to the site by a Manager or Supervisor. In some instances, the persons monitoring contractor activities may not be Managers or Supervisors, but could be employees working nearby or with the contractor. They are able to provide assistance to the contractor when questions arise, but may not have authority to direct work that they have concerns about. In these cases, Town personnel will contact the appropriate Manager or Supervisor if they feel there are issues beyond their authority needing correction. Issues of compliance or failure to meet any standard set by the Town, whether related to safety, scheduling or timing, quality of work, on site behaviours or similar situations, will be brought to the attention of the designated contact representing the contractor. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 10 of 35 Continued or repeated failure to meet expectations will be addressed by escalating the concern, in writing, to a senior manager within the contractor’s organization. If issues continue in spite of this contact, the Town will review the situation to determine whether the best option is to remove the particular employee, or possibly cancel the contract. It should be noted that some transgressions may be serious enough that the Town will request the employer of the individual to remove them immediately. Ideally, direction and opportunity to improve the situation can be provided, and the situation resolved without removal being necessary. In any situation where the Town feels that there is some immediate risk to staff, employees of the contractor, or the general public, they may insist that the work be immediately stopped, until such time as the situation can be corrected. All contractors would be expected to comply with this directive. Upon completion of the contracted work, staff involved in the project will advise as to whether the contractor should be added to, or retained on, a list of pre-approved contractors to be used in the future. Those whose work was not satisfactory for any reason may be removed from this list, or a notation may be added to the list that this contractor IS NOT to be hired again. 7.1 Supervision In some instances, such as larger construction projects, there are legal requirements related to onsite supervision (OHSA, Section 27 and Construction Regulation 213, Section 14 and 15). It is expected that the Town and any Constructors hired will comply with legal requirements related to supervision at a minimum. In addition, the Town will provide a supervisor to oversee work that involves more than one contractor, regardless of the type of working being done. A supervisor may also be appointed for higher risk work, whether legally required to be on site or not. 7.2 Incident Reporting Contractors working for the Town are expected to ensure any incidents causing damage or injury requiring treatment beyond first aid are reported to the Town contact. In addition, any reports triggered by the incident, which need to be made to the Ontario Ministry of Labour (MOL) or to Ministry of Environment and Climate Change (MOECC) are to be made by the contractor as required, and the Town contact must also be advised immediately. Fatalities and critical injuries as defined by Regulation 834 must be reported to the MOL, the firms Joint Health and Safety Committee or Safety Representative and the workers’ union (if any) immediately. As previously noted, the Town must also be notified immediately. Section 53 of the Occupational Health and Safety Act requires that the provided list of “occurrences” outlined in section 11 of the Construction Regulations are reported to the MOL. These incidents must also be reported to the Town contact. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 11 of 35 Any spill or release of a chemical or gas to the natural environment that causes or will likely cause an adverse effect, must be reported to the MOECC immediately under section 15 of the Environmental Protection Act. The Town must also be advised immediately of the situation. Investigations into the cause of any such incident outlined above are to be completed in a timely manner by the contractor responsible, and appropriate corrective actions taken. The Town reserves the right to request copies of the investigation report and planned corrective actions taken or to be taken, if the incident has occurred on Town property or while working for the Town. 8 Waste and Recycling Any waste or recycling generated by a contractor must be removed from Town property by the contractor responsible for its generation. If the work being completed may generate hazardous wastes or materials that require removal, the Town contact must be notified in advance so that appropriate arrangements can be made for storage, registration if required, and removal. 9 Program Forms and Documentation Copies of all forms and checklists are listed in Appendix Section of this document. They will be maintained as separate files. 9.1 Contractor Document Checklist This document is a list of what may be required from contractors, depending on the work being completed. The hiring department should check off what they want from a particular contractor, and provide the list to the contractor along with the Agreement to be reviewed and signed. All documentation requested should be provided prior to any work beginning. Found under Appendix 3. 9.2 Contractor Agreement This is a simple sign off intended to remind all contractors of the basic rules for performing work for the Town. The form should be signed by the contractor, and include a list of all personnel expected to be on the work site. It is intended to be used with all contractors. Found under Appendix 4. 9.3 Site Supervisor Inspection Checklist This is a checklist to be used to complete the weekly supervisor site inspections as required. It may also be used by a worker safety representative to complete monthly inspections for any projects large enough to have a rep or safety committee. Found Under Appendix 2. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 12 of 35 9.4 Safe Work Planning Form To facilitate safe interaction between all construction contractors and Town staff, a Safe Work Planning Form will be completed prior to work beginning. The Form will be completed by the Project Lead, in conjunction with representatives of any on-site contractors. Any necessary safe work measures or procedures will be identified and planned. Found under Appendix 6 For simple projects, some areas of the Safe Work Planning Form may not be applicable. Those areas that are not applicable to a given project will be clearly marked, “not applicable” or N/A. The Town may choose to allow contractors to use their own safety measures, (for example their own lockout procedure), where they are comfortable that it provides a level of protection equal to what the Town’s equivalent procedure would provide. If they are not comfortable that the appropriate level of protection would be provided, the Project Lead may insist the contractor follow a Town procedure, and will provide such procedure to the contractor. The contractor will be responsible for ensuring all persons working on the site are provided training in the Town procedure to be followed. 9.5 Record Retention All forms, reports and checklists for contracted work should be retained in accordance with Town policy, either in hard copy or electronically. It is important to note that all required documentation for a construction project (Form 1000s, Notice of Project, etc) must legally be retained by the constructor for at least one year following completion of the project. Other than the legal requirement, it is recommended that records be retained and accessible for at least two years for reference if needed. 10 Construction Contracting In addition to the basic requirements in place for any contractor, this section addresses further requirements for construction work. Note that the requirements of this section are in addition to the basic contractor requirements. As previously discussed, construction work includes but is not limited to: the erection, installation, modification, renovation or demolition of all or part of a building or structure, painting of new walls or structures, the installation of machinery, electrical installations, concrete work, earthmoving or grading, trenching or scaffolding. (as outlined in the OHSA, S.1 Definitions) It should be noted that the majority of legal responsibilities and liabilities rest with the Constructor on any construction project, while the Project Owner retains the responsibility for setting and upholding the overall standards expected on the project. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 13 of 35 For some projects, the Town may have the role of Project Owner and Constructor. In other cases, the Town will be the Project Owner, and a General Contractor or equivalent will act as Constructor. Similarly, the Site Supervisor may be a Town staff member, or the employee of a contractor. The responsibilities remain the same regardless. Contracting of construction work entails greater risk for the organization, generally, and often, more regulatory requirements become applicable. The Town will not act as constructor where it can be avoided. Contractors will be expected to assume the role when it is appropriate. Request for Purchases (RFPs) or other tender requests will state that the successful bidders are to assume the role of constructor. Where the Town must act as Constructor, those involved must understand the hazards and requirements for the work being completed. 10.1 Documentation In addition to documentation and training records that the Town may request, there are two documents that are used for construction projects. 1. Notice of Project 2. Registration of Constructors and Employers Engaged in Construction (Form 1000) A Notice of Project must be submitted by the Constructor to the Ministry of Labour prior to beginning work on any project that meets the criteria laid out in section 6 of the Regulation for Construction Projects. A Registration form is completed by the Constructor and all contractors who will work on a given project, and are submitted to and held by the constructor at the project site. The specifics are found in section 5 of the Regulation for Construction Projects. 10.2 Town of Tillsonburg as “Constructor” When the Town is acting as Constructor on a project, they become responsible for all aspects of the project, including the qualifications of those working on the site, site conditions, the safety of all personnel on the site, as well as the submission of all forms or notices. Hiring contractors to work on a construction project will follow the same basic process as non-construction contractors, however, the required qualifications and documentation will increase as the risk in the work increases. Town staff may, if appropriate, perform work on the site along with contractors. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 14 of 35 10.3 Town Not Acting As “Constructor” a) When the Town will not act as Constructor on a project, a General Contractor (GC) or equivalent will be hired, and will be responsible for all site requirements. b) The Town will obtain all necessary documentation from the GC as per the Contractor Management Program, and will meet with the GC during the planning stages of the work. c) The GC will be expected to develop a plan for all work to be completed safely. If they have such a process internally, they can use it as they normally do. They will provide a copy of any such plan to the Town for reference and monitoring. d) Where a contractor or GC does not have a safe work planning process, the Town will provide a copy of the Safe Work Planning Form for completion. e) The GC will complete the form, including any contractors or subcontractors in the process. A copy will be provided back to the Town, for reference only. f) The Planning Form will assist Town staff to monitor the work site to ensure all agreed upon procedures are being followed. g) IMPORTANT NOTE: It is important that the Town does not inadvertently assume the role of the constructor for the project by becoming too involved in the day to day direction of work. Issues that may arise, or concerns that Town staff have, will be taken to the site supervisor, or designated contact for the GC for action. Town staff should not direct the activities of contractors’ staff. Town staff may need to visit the project site for discussion or to inspect the work in progress. It is critical that these staff members wear appropriate Personal Protective Equipment (PPE) to enter the site, and that they enter as “guests” of the Constructor h) At minimum, appropriate protective equipment to enter a construction site is a hard hat and construction grade safety shoes or boots. The constructor may also require safety glasses, hearing protection, reflective vests, or other equipment based on site hazards. The safety related protocols or procedures that the Constructor has in place are to be respected at all times when on the site i) Town staff shall not perform work on these sites, as doing so may cause the Town to assume Constructor responsibilities. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 15 of 35 11 Roles & Responsibilities This section outlines the general responsibilities of key parties when hiring any contractor. Responsible Type of Work General Contracting Construction (Town as Constructor) Construction (Town as Project Owner, hiring an outside GC) Town of Tillsonburg  Ensure that training in this program is provided for those who hire or monitor contractors  Ensure that requirements of the program are implemented and functioning  Ensure this program is implemented and followed when sourcing contractors  Ensure all contractors are aware of the standards being set by the Town for work done on their sites  Ensure the party assuming the role of the constructor is clearly defined for all construction projects. N/A  Ensure competent persons are acting as Constructor for any project (internal staff)  Take steps to correct any failure to meet acceptable standards by any contractor on site  Ensure competent persons are acting as Constructor for any project (GC)  Take steps to correct any failure to meet acceptable standards by any contractor on site, either through the General Contractor or the contractor contact (as applicable) Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 16 of 35 Responsible Type of Work General Contracting Construction (Town as Constructor) Construction (Town as Project Owner, hiring an outside GC) Department or Individual Hiring the Contractor Prior to Work  Ensure the scope of work is clearly defined within tender requests or other requests for contractors  Ensure all contractors are fully qualified and provide all required documentation. Documents will include completion of Appendix 3, and 4, as well as any qualifications/training records identified during the Job Hazard Analysis (JHA). Forward all original documents to the Finance Department to be filed.  If documents are accessed from Laser fiche, ensure they are up to date  Facilitate the completion of the JHA for the scope of work or retrieve the completed JHA from Finance and validate the current information. Forward the updated JHA to the On the Job Contact (Supervisor or Manager).  Note all subcontractors must undergo the same process.  Ensure all contractors can identify their Town contact (Supervisor) Prior to Work  Ensure the scope of work is clearly defined within tender requests or other requests for contractors, including clearly identifying the GC as the Constructor  Ensure the GC is fully qualified and provide all required documentation. Documents will include completion of Appendix 3, and 4, as well as any qualifications and/or training records identified during the JHA. Forward all original documents to the Finance Department to be filed.  Facilitate the completion of the JHA for the scope of work or retrieve the completed JHA from Finance and validate the current information. Forward the updated JHA to the On the Job Contact (Supervisor or Manager).  Facilitate the completion of a Safe Work Plan by the GC  Note the General Contractor will be responsible for collecting and retaining documentation from subcontractors.  Ensure the GC is aware of who the Town contact will be Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 17 of 35 Responsible Type of Work General Contracting Construction (Town as Constructor) Construction (Town as Project Owner, hiring an outside GC) Department or Individual Hiring the Contractor During Contract Execution  Maintain contact with contractors  Monitor and oversee work being completed on the project for compliance with acceptable standards and legal requirements  Identify any deficiencies on the project site and initiate correction in consultation with the contractor(s)  Report ongoing issues to the Department Manager for follow up and action During Contract Execution  Maintain contact with the GC  Utilizing the Safe Work Plan, monitor and oversee work being completed on the project for compliance with acceptable standards and legal requirements  Identify any deficiencies on the project site and consult with the GC Supervisor to initiate corrective action  Report ongoing issues to the Department Manager for follow up and action Post Contract  Ensure all outstanding documentation has been provided, including current clearance certificates, and copies of any incident reports or investigations that have been requested  Ensure any remaining deficiencies are corrected, if any, prior to final payments being made and files closed  Consider whether there were any issues that arose that might make it advisable that this contractor not be hired again, notify the appropriate Department Manager if this is the case  Retain copies of all documentation required for the work that has been completed in accordance with Town of Tillsonburg policy. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 18 of 35 Responsible Type of Work General Contracting Construction (Town as Constructor) Construction (Town as Project Owner, hiring an outside GC) Town of Tillsonburg as Supervisor (overseeing Contractors)  Ensure all contractor employees working on the project site are aware of the hazards present on the site, and the applicable controls that are in place to minimize risk  Monitor the activities taking place and ensure that all appropriate safety equipment and procedures are being used  Inspect site as required, and document inspection and corrective actions  Ensure any noted deficiencies are corrected in a timely manner  Ensure any required notices or reports to regulators are made in a timely manner N/A Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 19 of 35 Responsible Type of Work General Contracting Construction (Town as Constructor) Construction (Town as Project Owner, hiring an outside GC) Town of Tillsonburg as Supervisor (when Town is Constructor), or General Contractor as Supervisor (when GC is Constructor) N/A  Ensure all contractors and sub-contractors are fully qualified and provide all required documentation to prove qualifications and training as requested  Ensure all agreed upon processes or procedures are implemented on the project site  Ensure any required notices or reports to regulators are made in a timely manner  Ensure all persons working on the project site are aware of the hazards present on the site, and the applicable controls that are in place to minimize risk  Monitor the activities taking place and ensure that all appropriate safety equipment and procedures are being used  Inspect site as required, and document inspection and corrective actions  Ensure any noted deficiencies are corrected in a timely manner  Ensure all projects are run in accordance with applicable regulatory requirements as per Appendix 7 Constructor Responsibility Checklist (as a Guideline)  Ensure regular contact is maintained with the Town Department or Individual who is responsible regarding the status of the project  Ensure all projects are run in accordance with applicable regulatory requirements  Ensure regular contact is maintained with the project owner or their representative on the status of the project Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 20 of 35 Responsible Type of Work General Contracting Construction (Town as Constructor) Construction (Town as Project Owner, hiring an outside GC) 12 Record of Revisions Revision Level Date Details Approved by New Dec 14/17 New Senior Leadership Contractor or Subcontractor  Follow all applicable safe work procedures or processes  Use or wear all required equipment or protective devices  Provide all requested documentation prior to working on the site, including but not limited to Appendix 3 and 4.  Report any hazard or concern that may impact the safety and efficiency of the site to the Town of Tillsonburg contact / their supervisor  Report any incident causing damage or injury immediately to your Town Contact  Provide all requested documentation prior to working on the site.  Report any hazard or concern that may impact the safety and efficiency of the site to the GC  Report any incident causing damage or injury immediately to the GC Human Resources  Provide guidance related to appropriate training or qualifications of contractors, as needed  Provide updates regarding any changes to legislation or standards that are relevant to the program in a timely manner  Assist to audit program on a regular basis and make recommendations for improvement as needed  Participate in reviews or revisions of the program Finance Department  Receive and file contractor documentation provided by the Hiring Department or Individual.  Maintain WSIB e-clearance for qualified contractors  Input information into Laser fiche (listed under General Contracting - Contractor Name), Health and Safety Folder. For each contractor, this will include: o WSIB e-clearance o Appendix 3 Contractor Document Checklist, including documents generated from the contractor o Appendix 4 Contractor Agreement o Appendix 5 Job Hazard Assessment o Any additional information as directed by hiring department  Conduct annual review of pre-approved contractors Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 21 of 35 Appendix 1: Construction Project Decision Flowchart Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 22 of 35 Appendix 2: Site Supervisor Inspection Checklist This checklist is to be used during weekly supervisor site inspections. All items of concern are to be corrected and noted as complete on the checklist. Name: ______________________ Date of Inspection: ____________________ Inspection Area / Item OK NG Comments (include item and location) GENERAL Walkways, stairs and aisles are clear of debris, cords, cables, etc. Shelves and racks are tidy with no overhanging or unsecured items. Parking lot and entrance way are clear of ice, debris and other trip hazards. Work areas are generally tidy and material or equipment not in use is properly stored. Washroom facilities are available Potable water is available as needed Other: EQUIPMENT Guards and protective covers are in place and secure. Light curtains and emergency stops are functional. Damaged equipment has been disabled and locked out pending and / or during repair. Operators are trained and qualified on their equipment. Lift truck certification is current (annual) and all operators are trained and certified (3 yrs / 18 mths). Daily pre-use inspections are being completed. Other Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 23 of 35 Inspection Area / Item OK NG Comments (include item and location) EMERGENCY EQUIPMENT Fire extinguishers have been visually checked within the last month. Fire extinguishers are clear and easily accessible. Exits are clear and easily accessible. Eye wash stations are in place and are clean if applicable. First aid kit(s) have been checked in the last 3 months. First aid kit is easily accessible. A worker trained in first aid is readily available at all times. Other CHEMICAL STORAGE All containers are labeled as required. All chemicals not in use are tightly closed and properly stored. (Material) Safety Data Sheets (or SDS) for all controlled products are available and current. Workplace Hazardous Material Information System (WHMIS) training is current for all workers who work with or near controlled products. Other OUTDOOR AREAS Parking lot and entrance way are clear of ice, debris and other trip hazards. Emergency exits are clear from the outside. Chemicals outdoors are tightly closed and removed in a timely manner. Other Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 24 of 35 Inspection Area / Item OK NG Comments (include item and location) Notice Board Occupational Health and Safety Act / Construction Regulations are posted on board. Notice of Project is posted (if applicable) Form 1000(s) posted or available as applicable. Emergency information or procedures are posted Name(s) of Health and Safety (H&S) Representative or JHSC and work location posted Other Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 25 of 35 Appendix 3: Contractor Documentation Checklist All applicable documentation must be provided prior to commencing any work. Contractor Name: Phone: Town of Tillsonburg Contact: Description of Work: REQUESTED / REQUIRED FORMS Applicable (yes) NA (no) 1 Contractor Agreement, signed 2 Current Clearance Certificate (or confirmation on e-clearance) for contractor and all subcontractors 3 Confirmation of Independent Operator status from WSIB 4 Proof of Liability / Professional Insurance – for contractor and all subcontractors ($5,000,000) 5 Form 1000 - Registration of Contractors and Constructors Engaged in Construction – contractor and all subcontractors 6 Training Documents (indicate any that may be necessary) __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ 7 Professional Qualifications (check all applicable) ____ Trades Certificate - specify _______________ ____ Engineering ____ Other – Specify ___________________ 8 Material Safety Data Sheets / Safety Data Sheets for Controlled Substances (list) 9 Health and Safety Policy Statement (OHSA Section 25 (4) This does not apply to workplaces with 5 or fewer workers regularly employed.) Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 26 of 35 Appendix 4: Contractor’s Agreement Date: _____________________________ Contractor Company Name: ______________________________________________ As a contractor performing work for the Town of Tillsonburg you are expected to work in a safe manner, and comply with all relevant health and safety legislated requirements. The contractor must ensure all employees performing work for the Town are familiar with, and agree to abide by the following: • Use or wear any equipment, protective devices or clothing required by their employer or by the Town, including any required personal protective equipment • Report any missing or defective equipment or protective device that may be dangerous • Report any identified workplace hazard to the company contact • Report any known contravention of the Occupational Health & Safety Act or Regulations • Not remove or make ineffective any protective device • Not use or operate any equipment or work in any way that may endanger any worker • Absolutely no alcohol or illegal drugs will be used, or are allowed in work areas, at any time. • Not engage in any prank, contest, feat of strength, unnecessary running, or rough or boisterous conduct • All accidents or injuries, regardless of severity, must be reported immediately • Maintain a tidy work area as much as possible, and remove all waste or debris at the end of each day, and at the completion of the work Contractors may work in areas frequented by the general public. It is expected that all on-site personnel will conduct themselves accordingly. • Inappropriate language, behaviour or clothing may be cause for removal from the work site. • All work must be completed in a manner that does not create a risk to employees or the public. Contractors are responsible for ensuring that their workers have the necessary training to complete any tasks as indicated by the contract between The Town of Tillsonburg and the contracted party. Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13th, 2018 Page 27 of 35 Agreement The undersigned agrees that all employees of their firm that may perform work for the Town of Tillsonburg have reviewed the rules above, and agreed to comply. The undersigned further agrees that all documentation requested on the Contractor Documentation Checklist has been provided and is current and complete. NOTE: Future contracts will be based on strict adherence to this policy. The Town contact will re-instruct contractors when and if unsafe or inappropriate acts are noticed and the Town reserves the right to remove any contractor or subcontractor from the premises at any time and / or terminate contracts without notice for any violation of this policy. The Town of Tillsonburg will not be responsible for any additional costs incurred due to a contractor’s failure to comply with a signed agreement. _______________________________________________ _________________ Signature of Contractor Representative / Title Date Please list below, the names of all personnel that may be on-site during this work Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13, 2018 Page 28 of 35 Appendix 5: Job Hazard Analysis Town of Tillsonburg Contractor Management Program Revision: 1 Revised Date: July 13, 2018 Page 29 of 35 Appendix 6: Safe Work Planning Form Scope of Work: Location of Work: Work Start Date / Time: Anticipated End Date: Primary Contact Name: Primary Contact Phone: Alternate Contact Name: Alternate Contact Phone: Identified Constructor for Project: Notice of Project (Form 0175) Required? Yes _____ No _____ Submitted on: Third Party Representatives in Attendance Company: Name: Phone: Company: Name: Phone: Company: Name: Phone: Company: Name: Phone: The undersigned acknowledges having received, understands and accepts all information contained in this Safe Work Planning Form and agrees to abide by its conditions. (additional page of sign offs can be added if required) Name (Please Print) Signature Town of Tillsonburg Contractor Management Program Revision: 1 (for Senior Management Review) Revised Date: Dec 14, 2017 Page 30 of 35 Part 1 – Items to be Reviewed for Scope of Work Personal Protective Equipment Required (check applicable)  Hard Hat Hand Protection  Safety Boots Fall protection  Safety Glasses with Permanent Side Shields Chemical Goggles  Long Sleeves and Pants Respirator Protection  Hearing Protection Other: Specify Procedures / Methods / Standards Relevant Emergency Procedures to be in place  Rescue from height Not applicable  Fire Not applicable  Evacuation Not applicable  Confined space rescue Not applicable  Medical emergency Not applicable  Other: Specify Not applicable Lockout / Tagout Not applicable  Sufficient locks / tags are available  Trained personnel performing lockout  All relevant energy sources have been identified Utility Shut Downs Required Not applicable  Sprinklers / Fire Suppression  Natural Gas Location to be shut down: _______________________________  Hydro  Water From (Date/Time): ____________ To(Date/Time): ____________ Confined Space Entry Not applicable CSE Plan #:  Issued  Rescue procedure in place Hot Work Permit Not Applicable As Required (Determined on day work begins)  Reviewed  Issued Traffic Safety Plan Not Applicable  Developed and documented  Reviewed Proximity to Asbestos Not Applicable  Location reviewed on map  Management Plan required for abatement Town of Tillsonburg Contractor Management Program Revision: 1 (for Senior Management Review) Revised Date: Dec 14, 2017 Page 31 of 35 Additional Notes: Hazardous Materials or Agents Please list all hazardous substances / controlled products that will be brought onto the work site. Current material safety data sheets must be available on the site for any controlled products in use. (Attach a separate list if needed). MSDS / SDS should be available at all times and provided to Town staff upon request. Part 2 - Environmental Requirements Specific Instructions N/A Process Reviewed and Approved Incidents Report any spills or other potential environmental incidents to the project contact and the appropriate authorities (MOE, Spills Action Centre) immediately.  Third party firms are responsible for developing and maintaining procedures to prevent / respond to spills and for instructing their employees in those procedures. Please ensure spill kits are available as appropriate and that all materials are disposed of in an appropriate manner following spill cleanup.  Chemical Storage All chemicals are to be stored in a manner that will prevent spills and leaks.  Cylinders not in use should be secured, capped and protected from damage.  Storage and Disposal of Waste Restore job site to its original condition.  Inform the contact of any hazardous or liquid waste that must be disposed of.  Segregate any waste generated and identify it as either subject waste (hazardous or liquid waste) or non-hazardous waste.  Unless otherwise specified in the agreement, all waste generated by the third party must be removed by the third party. They must arrange for appropriate pickups and disposal by an authorized carrier. No subject waste may be stored for more than 90 days.  Waste materials shall be properly and securely stored and clearly labelled.  Disposal of any chemical or contaminated water into any sanitary or storm sewer is strictly PROHIBITED.  Town of Tillsonburg Contractor Management Program Revision: 1 (for Senior Management Review) Revised Date: Dec 14, 2017 Page 32 of 35 Construction or demolition waste must be cleaned up and removed as required. Recycle construction waste where possible.  Recycling Dispose of paper, corrugated cardboard, newsprint, glass, steel cans, aluminum cans and plastics in appropriately labelled containers.  Do not use Town recycling / garbage bins – containers are to be provided by the contractor(s).  Part 3 – General Requirements  Incidents / Accidents Any incident that results in medical attention or lost time being required by any party working on the site must be reported to the project contact.  Investigations must be completed and any required corrective actions implemented following an incident.  The Town reserves the right to review investigation reports and corrective actions upon request  Ontario Ministry of Labour Any incident that has been or must be reported to the Ontario Ministry of Labour is to be reported to the project contact IMMEDIATELY.  Any visit from the Ministry of Labour to the site is to be reported to the project contact as quickly as possible.  The Town reserves the right to review any resulting orders or visit reports received from the Ministry upon request  Weekly Inspections If work will continue for longer than one week, a weekly site inspection must be completed by the site supervisor  Reports must be kept on file for each inspection  Project contact reserves the right to review any inspection report upon request  Part 4 – Additional Notes: Town of Tillsonburg Contractor Management Program Revision: 1 (for Senior Management Review) Revised Date: Dec 14, 2017 Page 33 of 35 Appendix 7: Constructor Responsibilities Checklist This checklist is designed to assist the industrial firm to identify and implement appropriate documentation and controls on a typical construction project. It is not complete for every potential project. Please see Regulation 213/91 for further requirements. Item Requirement Yes/No/ NA Registration forms completed and/or received Form 1000 Registration of Constructors and Employers in Engaged in Construction completed and kept on site for constructor and all contractors involved. Notice of Project form completed and filed with nearest Ministry of Labour office The project meets one of the following criteria: (a) the total cost of labour and materials for the project is expected to exceed $50,000; (b) the work is the erection or structural alteration of a building more than two storeys or more than 7.5 metres high; (c) the work is the demolition of a building at least four metres high with a floor area of at least thirty square metres; (d) the work is the erection, structural alteration or structural repair of a bridge, an earth-retaining structure or a water- retaining structure more than three metres high or of a silo, chimney or a similar structure more than 7.5 metres high; (e) work in compressed air is to be done at the project; (f) a tunnel, caisson, cofferdam or well into which a person may enter is to be constructed at the project; (g) a trench into which a person may enter is to be excavated at the project and the trench is more than 300 metres long or more than 1.2 metres deep and over thirty metres long; or (h) a part of the permanent or temporary work is required by this Regulation to be designed by a professional engineer. Constructor must designate a site supervisor When 5 or more workers will work at the same time on the project, regardless of employer (Reg 213, S 14(1)) Contractor must appoint a site supervisor for their employees A contractor on the site has 5 or more workers on the site (Reg 213, S 15(1)) Site inspections are required Site supervisor must complete inspections at least weekly or more often if necessary Town of Tillsonburg Contractor Management Program Revision: 1 (for Senior Management Review) Revised Date: Dec 14, 2017 Page 34 of 35 Item Requirement Yes/No/ NA Joint Health and Safety is required There are 20 or more workers on the project and it will last longer than 3 months. Meetings, inspections and recommendations as per Occupational Health and Safety Act (OHSA) Health and Safety Representative who represents workers is required There are 6 or more workers on the Project, as per the OHSA Trades committee is required There are 50 or more workers on the project, as per the OHSA First Aid trained employees and equipment is required As per Regulation 1101, under WSIA for content of first aid kits and first aid training standards Injury reporting procedure is in place As per WSIA and Regulation 1101, process is established for reporting all injuries, as well as claims management process for injuries reportable to the WSIB Emergency procedures are developed and posted Identify all potential emergencies and ensure all workers are aware of appropriate procedures. Include reporting procedures for emergency situations as well. Qualifications have been confirmed as required Equipment operators have proof of competency, trades certificates as applicable have been obtained, Working at Heights training completed as per Regulation 297/13 Site hazards have been communicated to all involved parties Include all real or potential hazards, including but not limited to moving equipment or vehicles, potential chemical exposures and the presence of designated substances Personal protective equipment needs have been identified and communicated Hard hats and safety boots are mandatory on the project, other needs may include, but not be limited to, fall protection or fall arrest equipment, safety glasses, hearing protection, reflective vests, respiratory protection Project area has been identified and access controlled Fencing, barricades or other methods of identifying and controlling access to construction area have been installed Signage is posted All hazard areas are identified by appropriate signage Chemical storage Appropriate storage is available for all chemicals or gases to be used. MSDS/SDS are available on-site. Traffic control Traffic control has been implemented if applicable Confined spaces Assessments, entry and rescue procedures have been developed. If applicable, coordination documentation is submitted. Town of Tillsonburg Contractor Management Program Revision: 1 (for Senior Management Review) Revised Date: Dec 14, 2017 Page 35 of 35 Item Requirement Yes/No/ NA Scaffolding All scaffolding has been designed, engineered and installed by appropriate, qualified personnel Trenching Completed with appropriate shoring or trench boxes as required. Completed by qualified personnel Noise Ensure that no worker is exposed to a sound level greater than an equivalent sound exposure level of 85 dBa. Hierarchy of controls must be followed to control exposure, as per Regulation 381/15 Other Any other unique site hazard has been identified and appropriate controls have been implemented and communicated Prepared by: ____________________ Signature: _______________________ Date: __________________________