1.3 All employees are equally responsible for complying with the Ontario Occupational Health & Safety Act and its Regulations.

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1 Revision No: 1 Page: 1 of PURPOSE 1.1 The purpose of this policy is to establish guidelines for contractors in order to provide and maintain a safe work environment for all employees. Advance planning and quality site preparations are important for a safe, environmentally conscious, well organized construction site. The following document is a policy that applies to all contractors and subcontractors who provide services to the University of Windsor. 1.2 The University of Windsor is committed to the protection of its employees, faculty, students, the environment and its physical assets. The University of Windsor will continue to maintain a safe work environment in order to prevent occupational injuries and illnesses. 1.3 All employees are equally responsible for complying with the Ontario Occupational Health & Safety Act and its Regulations. 2.0 POLICY 2.1 It is the policy of the University of Windsor that all contractors must be an approved contractor as per this policy before the commencement of any work. 3.0 STANDARDS & REGULATIONS 3.1 Occupational Health & Safety Act 3.2 Occupational Health & Safety Regulation 851 Industrial Establishments 4.0 DEFINITIONS 4.1 CONSTRUCTOR A person who undertakes a construction project for an owner and includes an owner who undertakes all or part of a project by himself or herself. The constructor has complete control of the work (owner controlling itself, or a contractor controlling on behalf of the construction project owner) and shall have responsibility for regulatory compliance and safe work procedures on the job site. 4.2 OWNER Includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as work place, and a person who acts for or on behalf of an owner as his agent or delegate;

2 Revision No: 1 Page: 2 of 14 ( proprietaire ) 4.3 EMPLOYER 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. 4.4 PROJECT ADMINISTRATOR Any University of Windsor employee who is arranging, approving or supervising work performed at the University of Windsor. 4.5 CONSTRUCTION Includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavation, 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. (Note: read together with definition of project to determine construction project ) 4.6 PROJECT Means a construction project, whether public or private, including: 1. The construction of a building, bridge, structure, industrial, establishment, mining plant, shaft, tunnel, 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. 2. The moving of a building or structure, and 3. Any work or undertaking, or any lands or appurtenances used in connection with construction. (Note: read together with definition of construction to determine construction project ) 4.7 MAINTENANCE Work usually involving repair, replacement in-kind, or a minor change,

3 Revision No: 1 Page: 3 of 14 or service or maintenance work (window cleaning, repair to HVAC units, and small scale electrical activity) provided to the University of Windsor by contractors, subcontractors or University of Windsor employees. (Note: large scale maintenance using construction methods or equipment can be a construction project. See Ministry of Labour construction versus maintenance guidelines) 5.0 PROCEDURE 5.1 All employees of the University of Windsor involved in contracted services shall be considered project administrators under this policy and shall administer all contract parameters and conditions for contractors and service personnel. 5.2 The project administrator shall establish practices so that the contractors perform their work in a safe and effective manner and meet all the requirements of OHSA and the construction regulations. The project administrator must be familiar with all applicable laws and regulations and capable of applying them. 5.3 The University of Windsor is not responsible for ensuring that the requirements of applicable regulations are met for contractor activities on site, where the University of Windsor retains a Contractor who acts as Constructor, and fully controls all work at a construction site. The project administrator shall direct the contractor in the completion of all applicable documentation, as described in this policy. Once the constructor has been selected and the contract awarded, the University of Windsor shall ensure that the constructor maintains full responsibility for safety on the particular job. 5.4 In all cases except situations where the University of Windsor decides to retain a Contractor who acts as Constructor, the project administrator will not only direct the contractor in completion of applicable documentation, but shall be involved in on the job oversight of contract employees to ensure that they meet all regulations, their own procedures, and applicable University of Windsor safety rules.

4 Revision No: 1 Page: 4 of Pre-Qualification of a contractor focuses on ensuring that the contractor has appropriate insurance and WSIB coverage, has an appropriate and compliant health and safety policy, has competent supervisors and a program to completely undertake and control the construction work on behalf of the University of Windsor. When pre-qualifying a contractor who will not act as Constructor (and over whom the University of Windsor has the role of employer ), the University of Windsor shall determine whether the contractor has the specific policies, procedures, training and supervision to perform the job safely and in compliance with all provisions of the OHSA and other applicable regulations. 5.6 The following are classifications of contractor work performed at the University of Windsor, as well as the direct responsibilities and obligations for health and safety compliance: 1. When the University of Windsor is acting as a Constructor for a construction project: (controlling entire project or part of project): The University of Windsor shall ensure that all contractors are properly trained, ensure that contractors are monitored and that requirements for safety are observed by the contractor, and that procedures for safe conduct of the work are in place and known to contractor employees. University of Windsor has all obligations under section 23 of OHSA and applicable regulations. 2. When the University of Windsor retains a Contractor to act as Constructor for construction project: The University of Windsor does not have responsibilities for this type of construction project, as long as the constructor completely controls all work and the University of Windsor workers are not intermingling in the project and the University of Windsor is not controlling the project in any way. The University of Windsor will have owner obligations (see sections 29, 30 OHSA). 3. Non-Construction work where the University of Windsor is acting as the Employer

5 Revision No: 1 Page: 5 of 14 The University of Windsor shall ensure that the contractor has the specific policies, procedures, training, and supervision to carry out the job safely and in compliance with all provisions of the OHSA, including sections 25 and 26 of OHSA and all applicable regulations. 5.7 Contractors or subcontractors shall provide applicable insurance and safety documentation prior to initiating work at the University of Windsor. The necessary prework documentation is attached to this policy. For contractors who have blanket purchase orders or who have previously performed work, and all applicable safety documentation is on file, then the requirement for completion of these forms will need to be reviewed once a year, if the work is of similar scope and magnitude as previous contract conditions. However, the contractor must verify that the necessary coverage is enforced and provide notification to the University of Windsor of any material changes in coverage. If the scope, technical expertise, training requirements, or safety implications are materially different, then additional information must be obtained prior to beginning work. Specifically, the following information is required from each contractor and shall be provided to the University of Windsor prior to initiating work. 1. Certificates of Insurance General Liability Insurance, listing the University of Windsor as certificate holder Minor Projects $2,000,000 minimum Major Projects $5,000,000 minimum 2. WSIB Safety Record Submit a copy for the last 3 years or equivalent accident/injury data. 3. Clearance Certificate Confirms contactor has met reporting and payment obligations to WSIB. The University of Windsor will be required to receive a copy of the clearance certificate every 2 months and before the final payment on the contract has been made.

6 Revision No: 1 Page: 6 of Contractor s Health & Safety Policy 5. Past Environmental, Health & Safety Records submit a copy for the last 2 years. 6. Training and Certification Records Contractor must provide documentation verifying all employees have received the necessary safety training required for the specific job. 7. Hazardous Materials List The contractor must submit a list of all hazardous materials that will be brought onto UNIVERSITY OF WINDSOR property. 8. Formal Canadian Construction Document Committee (CCDC) document, including liability and property insurance forms, as appropriate. This will only be required when UNIVERSITY OF WINDSOR is retaining a Contractor to act as Constructor. 5.8 The Project Administrator must also prepare the Contractor Health & Safety Agreement for execution by the contractor. 5.9 The list of approved contractors will be kept on a database accessible to all project administrators. 6.0 ON-SITE TRAINING 6.1 The second element of the contractor safety program is on-site training conducted prior to the start of work. The following are the training requirements of contractors performing work at the University of Windsor. 1. When the University of Windsor is acting as a Constructor for a construction project: No on-site training is required if it is determined by University of Windsor that the contractor has policies and procedures acceptable to the University of Windsor. The contractor will be informed by the University of Windsor of all hazards present at the University of Windsor, and particularly in the area of work. The attached Safety Review ( On-Site Contractor Safety Review ) shall be completed with all contractors prior to commencement of work.

7 Revision No: 1 Page: 7 of 14 For contractors/subcontractors that regularly perform services at the University of Windsor, the University of Windsor on an annual basis will perform a safety review, or whenever there is a change in personnel or applicable safety conditions which may affect the contractors/subcontractors personnel. For project contracts, this form will be completed each time the contractor performs a new project, unless the same contract personnel had performed project work of a similar nature within the previous 12 months. 2. When UNIVERSITY OF WINDSOR is retaining a Contractor to act as Constructor, the project administrator shall shall, before the commencement of the project, convene a meeting with the constructor to review the hazards present at the University of Windsor and particularly in the area of work. 3. Non-Construction work where the University of Windsor is acting as the Employer : The project administrator shall review the University of Windsor s applicable policies and procedures. It is preferred that all contractor/subcontractor personnel undergo this training. It is mandatory that at least the contractor s supervisor or site superintendent receive the training orientation and then pass this information on to all employees under their direct control. It is the responsibility of the project administrator to ensure that the contractor is aware that training is to be conducted. The University of Windsor Form 1( an On-Site Contractor Safety Review ) shall be completed with all contractors prior to commencement of work. For contractors / subcontractors that regularly perform services at the University of Windsor, the University of Windsor, on an annual basis, will perform a safety review, or whenever there is a change in personnel or applicable safety conditions which may affect the contractors/subcontractors personnel. For project contracts, this form will be completed each time the contractor performs a new project, unless the same contract personnel had performed project work of a similar nature within the previous 12 months. 7.0 ON-SITE SAFETY PERFORMANCE: 7.1 Where the University of Windsor is acting as Constructor for a Construction Project, and acting as the Employer the University of

8 Revision No: 1 Page: 8 of 14 Windsor must take steps to ensure compliance with OHSA requirements by contractors. The project administrator has specific obligations such as: to know the law, to inform contractors/subcontractors of hazards, to hold safety meetings and to monitor and to enforce health and safety compliance. The following sets out further details: 1. When the University of Windsor is acting as a Constructor for a construction project: The safety performance of contractors/subcontractors is a critical element of this policy. Contractors/subcontractors shall be informed that violation of the University of Windsor safety rules or any other element of this procedure will result in immediate suspension or termination of the employee involved or the work. It is the responsibility of all University of Windsor personnel to report any unsafe conditions or activities by contractor personnel to their supervisor, the University of Windsor s physical plant management team or the project administrator. The project administrator shall regularly oversee and practice due diligence in evaluating contractor safety performance. This may include on site co-ordination, appointment of supervision, monitoring procedures expected to ensure safety performance, pre-job meetings and ongoing safety meetings as necessary for the work or project with contractors and disciplinary and enforcement practices to be exercised for contractors. The Occupational Health & Safety (OHS) Office shall maintain records for all injuries, illness and incidents in respect to contractors. 2. When the University of Windsor is retaining a Contractor to act as Constructor : In the case where a Contractor is hired to carry out a construction project as the constructor, the project administrator shall be advised as to how to ensure that the constructor remains in control. The Contractor must remain in control, so that the University of Windsor is not deemed the Constructor. The project administrator would not be involved in administering the day to day operation of the project, would not become involved in safety meetings, would not issue work permits or controls, would generally not discuss timing and co-ordination of contractors, would generally not insist on approving sub contractors and would not

9 Revision No: 1 Page: 9 of 14 conduct training. If the project administrator is aware of a violation, the Contractor acting as constructor shall be advised and asked to deal with the issue immediately. 3. Non-Construction work where the University of Windsor is acting as the Employer : The project administrator shall monitor the contractor employee s performance for compliance with OHSA, regulatory requirements, their own rules or the University of Windsor rules (as applicable for particular job or contract). The project-specific monitoring initiatives shall be documented in the contract file. This may include an site coordination, appointment of supervision, monitoring procedures expected to ensure safety performance, pre-job meetings and ongoing safety meetings as necessary for the work or project and disciplinary and enforcement practices to be exercised for contractors. 7.2 The project administrator shall exercise stop-work authority as required to enforce prescribed requirements and shall authorize the resumption of work by the contractor. 7.3 In all cases, the University of Windsor will provide appropriate information on hazardous materials that the contractor may come into contact with, and specifically any designated substances present at the work site (s.30 OHSA).

10 Revision No: 1 Page: 10 of 14 FORM 1: ON-SITE CONTRACTOR SAFETY REVIEW (Not to be completed if the University of Windsor is retaining a Contractor to act as Constructor) SECTION 1- GENERAL INFORMATION: Date: Project: Scope of Work: Project Administrator: Signature Contractor: Contractor Representative: Signature SECTION 2 INFORMATION RE- HAZARDOUS MATERIALS ON PROJECT Check if Complete Owner to provide information on hazardous materials that the contractor can potentially come into contact with in the performance of the contract Contractors to provide MSDS sheets for all materials brought on site which require labelling Inform affected University of Windsor personnel of noxious or hazardous materials to be brought on site by the contractor SECTION 3 GENERAL UNIVERSITY OF WINDSOR SAFETY RULES Provide contractor with facility map and general University of Windsor safety policy Review foot protection, closed leather shoes, preferably safety shoes or boots Review head protection requirements, hard hats are required at all times Review vehicle use, 15 kph, vehicles only permitted for transportation of

11 Revision No: 1 Page: 11 of 14 tools and materials with parking of construction and contractor vehicles, as directed SECTION 3 GENERAL UNIVERSITY OF WINDSOR SAFETY RULES cont d Review good housekeeping practices, disposal of construction materials, cardboard, and general refuse Report of all near misses and incidents to University of Windsor employee in charge of the project Review drug and alcohol policy, reporting to work under the influence, drugs and alcohol are prohibited It is prohibited to bring into the University of Windsor or posses weapons as described in Provincial legislation SECTION 4 - WORK PERMITS Check if Complete A. Hot Work Permit Review Sporadic review hot work procedures for welding, burning, and grinding B. Total Energy Lock Out And Tag Out (LOTO) Review Is LOTO required (if yes complete this review) Review LOTO safety policy Review process of locking out a device Review process of tagging out a device C. Fall Protection Is work from ladders, elevated working surfaces, or lifts required? Review legal requirements for fall protection while working from elevated work surfaces. Review legal requirements for fall protection while working from elevated lifts. SECTION 5 EMERGENCY PROCEDURES A. University of Windsor Alarm System Review Review alarm and when it should be used (University of Windsor evacuation, fire, spill, release) Review emergency exit routes B. University of Windsor Emergency Response Review Review how to contact ambulance, fire, and police

12 Revision No: 1 Page: 12 of 14 Provide contractor with primary project contact (Project Manager, University of Windsor Engineering/Construction rep., OHS Manager) Review how to respond to a medical emergency (Project Manager, University of Windsor Engineering/Construction rep., OHS Manager) SECTION 6 TRAINING Review specific training required Received verification of training Check if Complete

13 Revision No: 1 Page: 13 of 14 Contractor Health and Safety Responsibility Agreement THIS AGREEMENT made the day of, 20 between (the Contractor ) having an office at and the University of Windsor (the University ) having a facility at 401 Sunset Ave., Windsor, Ontario. IN CONSIDERATION of the sum of two ($2.00) dollars paid by each of the parties to the other (the receipt of which is acknowledged by each party) the parties covenant and agree as follows: 1. The Contractor shall employ only orderly, trained, competent and skilful people to do the work and the Contractor s employees shall be fully covered under the Workplace Safety and Insurance Act by the Contractor and shall provide an up-to-date Clearance Certificate from the Workplace Safety and Insurance Board. All subcontractors must be approved in writing by the University before commencing any work. The Contractor is responsible for ensuring that their employees comply with the terms of this Agreement. 2. The Contractor acknowledges and accepts all risk arising or pertaining to the ownership, possession, use or operation of its equipment in completing its services. 3. The Contractor shall indemnify and save harmless the University from any and all claims, demands, actions, losses, or property damage arising directly or indirectly from the ownership, possession, use or operation of any equipment in completing its services, whether caused in whole or in part, directly or indirectly, by an act or omission or negligence of the Contractor, or for those whom it is in law responsible. Contractor shall protect and hold University harmless and shall pay all costs, expenses and reasonable legal fees incurred or paid by University in connection with any litigation arising therefrom. The indemnities contained in this Agreement shall not be prejudiced by and shall survive the termination of this Agreement. 4. Contractor shall, during any time in which it is providing services to the University, take out and keep in full force and effect property damage and public liability insurance in which the limits of public liability and property liability shall not be less than two million ($ 2, 000, 000) dollars per occurrence, at the Contractor s sole expense. All policies shall be written with insurance companies qualified to do business in the Province of Ontario and shall name the University as an additional insured. A certificate acknowledging same must be provided to the University. 5. The Contractor shall abide by and shall ensure that each of the Contractor s employees and subcontractor s employees (if applicable) abide by the University s Health and Safety rules and regulations. The Contractor shall also be able and willing at such times as directed by the University to provide additional precautions as deemed necessary by the University for safeguarding employees and equipment. It is the Contractor s responsibility to ensure each of its employees become familiar with the University s safety rules and procedures where work is to be completed. The Contractor further acknowledges and agrees that any violation of Safety rules or regulations is justification for the immediate termination of its Contract with the University, without any further obligation on the part of the University.

14 Revision No: 1 Page: 14 of The Contractor shall, at its own expense, obtain and maintain in good standing all permits and licences required by any authorities having jurisdiction over the business of the Contractor or the construction project. The Contractor shall also comply with all federal, provincial and municipal governmental laws and regulations which are applicable to its business, and in particular, those affecting health and safety, workers compensation and environmental matters. 7. This agreement shall be constructed and enforced in accordance with the laws of the Province of Ontario whose courts have exclusive jurisdiction with respect to any disputes which may arise hereunder. 8. This Agreement embodies the entire agreement of the parties with regard to the matter herein, and may only be amended by written instrument executed by both parties. No representation, statement or agreement, other than as set out herein shall be binding on the parties unless expressed in writing, signed by each and purporting to be expressed in modification of this agreement. 9. The Contractor shall not assign this Agreement or any part of it and may not employ or retain anyone as a subcontractor or otherwise, to perform any part of its obligations under this Agreement without prior written consent of the University. 10. No Contracted work offers will be granted by the University unless this Agreement is fully accepted and agreed to by the parties to the satisfaction of the University. Accepted this day of 20. CONTRACTOR (insert legal name) by: (authorized signing officer) UNIVERSITY OF WINDSOR by: Print Name: Print Name: Print Title: Print Title: Witness: (only if not a corporation)

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