Principals –Doing enough?

Duty Outlined

• HSE Act covers most work• Criminal legislation

• Who are your contractors ?• Cannot contract out• All Practicable Steps

APS in Law

• (1) In this Act, ``all practicable steps'', in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—

• (a) the nature and severity of the harm that may be suffered if the result is not achieved; and

• (b) the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and

• (c) the current state of knowledge about harm of that nature; and • (d) the current state of knowledge about the means available to achieve the result,

and about the likely efficacy (usefulness) of each of those means; and • (e) the availability and cost of each of those means.

• (2) To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about…

Gain a practical understanding.

• Strict interpretation.• A practical approach.• What are others doing?• Is it best practice?• DOL V Wastecare Ltd

Hindsight

Don’t forget the word…..

Further considerations?

What does the term mean?

• The dictionary describes the word practicable as:• Capable of being done; feasible• Usable

• The Thesaurus • Achievable, attainable, doable, feasible, performable,

possible, viable, within the realm of possibility, workable…

Evolution of APS

Principal

• Broad term for engaging any person (not as an employee)

• Concept of responsible community leadership

• Any work undertaken for gain or reward• Written contracts?• Pre-qualification• Agents?

Relationship

• Size of Principal V Size of Contractor • Ongoing• Information flow

Tenders (or pre-tender documents)

• Assessment of H&S Competence• Management competence – to manage• Individual competence – training programmes (e.g..

SiteSafe) employee representation

• Judgement• Acc ratings• Association membership/accreditations• Sub-contractor selection and management• Review methods• Policies and procedures.

• Principals Ability to make a Judgement

Tender Elevation

• Schedule will not adversely impact on H&S

• Match submitted documents against tender requirements

• Presentations by contractor regarding H&S management

Contractor Selection

• Reputation alone is not enough• Tender evaluation is essential • Verification of competency is suggested

Monitoring contractor performance

• Throughout duration• Meeting agreed standards• Reporting

Central Cranes V DOL

• Court of Appeal [1997] 3 NZLR 694• Leading case relating to Principals• “Core” provision• Being removed from site is no

exoneration • “Active” not passive interest in safety

on site.

Post-Contract Evaluation

• How effective was the choice of contractor?• Did the contractor do what they said they

would do?• What improvements?

• Equipment• Work method

• Is the contractor suitable to use the contractor again?

• Succession planning• When a contract passes to another contractor

Related Duties

• Section 16 Person who controls a place of work• APS for contractors and their employees.

• Own it, lease it, sub-lease it, occupy it, or in possession of it

• Includes the vicinity• Includes plant

• Extends to bailee

Question

• Are you doing enough to manage your contractors?