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#16-11 State highway contractor health and safety

Published: | Category: Technical advice note | Audiences: Road controlling authorities, Road traffic engineers & consultants, Roading contractors

This Technical Advice Note replaces TAN #16-05, please disregard the incorrect TAN.

Changes have been made to our requirements for the health and safety of contractors and consultants working on the state highway.

Publication details

This Technical Advice Note replaces TAN #16-05, please disregard the incorrect TAN.

The following changes have been made to our requirements for the health and safety of contractors and consultants working on the state highway.

1 Zero Harm online reporting tool

In consultation with industry, the Transport Agency has developed the online reporting tool which has replaced ‘SafeStat’, across all state highway related work activities. The Transport Agency now requires that all Contractors and Consultants (physical works and professional services contracts) use the online reporting tool to report health and safety statistics on all state highway projects.

The online reporting tool is designed to provide participating organisations with easy monitoring of their safety performance, across a number of areas, the ability to benchmark their performance with industry norms and is free to use.

Please read and familiarise yourself with the NZ Transport Agency’s Zero Harm Minimum Standards for Reporting Health and Safety Incidents. This document is located on the Highways Information Portal under Zero Harm.

Implementation:

From 1 July 2016 the NZ Transport Agency mandates these minimum requirements across all contracts. These clauses have been updated in the current physical works and professional services contract proforma.

For any contracts currently out to tender or currently underway, please review the respective sections and issue a Notice to Tenderer or Notice to Contractor / Consultant as appropriate, to incorporate the following clauses within the contract.

Contract wording:

State highway construction contract proforma manual (SM031)
http://nzta.govt.nz/resources/state-highway-construction-contract-proforma-manual/index.html
SM031 Appendix A - Traditional Contracts, A6 Project Specification, section 6
SM031 Appendix B - Design and Construct, B3A Principal’s Requirements, section 1.10
SM031 Appendix E - Minor Works, E1 Minor Works / Direct Appointment, section 9.3
SM031 Appendix H - ECI, H2 Principal’s Requirements, section 4.4

x.x.1 Throughout the contract the Contractor will report in line with the Transport Agency’s
minimum standard reporting guidelines. The Contractor must report by the 9th calendar day of the following month on the projects Health and Safety data, including both the lead and lag indicators of their direct employees and sub-contractors/consultants. https://www.nzta.govt.nz/roads-andrail/highways-information-portal/technical-disciplines/zero-harm-minimum-standards/.

x.x.2 The Contractor must provide Monthly H&S reporting and incident reporting via the Transport Agency’s Reporting Site which can be found at http://nztareportingv2.azurewebsites.net/(external link).

State highway maintenance contract proforma manual (SM032) http://nzta.govt.nz/resources/state-highway-maintenance-contract-proforma-manual/maintenance-contract-proforma/
SM032 Volume 4 - Maintenance Specification, Section 4 Contract Plan, 4.1 Health and Safety Management Plan

x.x.1 Throughout the contract the Contractor will report in line with the Transport Agency’s minimum standard reporting guidelines. The Contractor must report by the 9th calendar day of the following month on the project’s Health and Safety data, including both the lead and lag indicators of their direct employees and sub-contractors/consultants. https://www.nzta.govt.nz/roads-and-rail/highways-information-portal/technical-disciplines/zero-harm-minimum-standards/.

x.x.2 The Contractor must provide Monthly H&S reporting and incident reporting via the Transport Agency’s Reporting Site which can be found at http://nztareportingv2.azurewebsites.net/(external link).

State highway Professional Services contract proforma manual (SM030) http://nzta.govt.nz/resources/state-highway-professional-services-contract-proforma-manual/ 
SM030 Section C - Contract Scope, Section 4 Contract Management, 4.5 Reporting

4.5.9 Zero Harm Online Reporting

Throughout the contract the Consultant will report in line with the Transport Agency’s minimum standard reporting guidelines. The Consultant must report by the 9th calendar day of the following month on the project’s Health and Safety data, including both the lead and lag indicators of their direct employees and sub-contractors/consultants. https://www.nzta.govt.nz/roads-and-rail/highways-information-portal/technical-disciplines/zero-harm-minimum-standards/.

The Consultant must provide Monthly H&S reporting and incident reporting via the Transport Agency’s Reporting Site which can be found at http://nztareportingv2.azurewebsites.net/(external link).

2 Safety in Design minimum standard for road projects

Safety in Design is a standard that integrates hazard identification and risk assessment methods from concept, through design and construction, to operation, maintenance and decommission or disposal. It considers how to eliminate, isolate or minimise the risks of death, injury and ill health to those who will construct, operate, maintain, and decommission or demolish an asset.

The Transport Agency now requires that all state highway projects/works are to go through the Safety in Design process. The design team must integrate safety in design standards into projects and encourage collaboration to improve planning, management and the early identification of hazards. Safety in Design reviews should be held during the concept and detailed design phases in the project life cycle, however it may be appropriate in the construction phase if a review has not been held.

Please read and familiarise yourself with the NZ Transport Agency’s Safety in Design minimum standard for road projects. This document is located on the Highways Information Portal under Zero Harm.

Implementation:

From 1 July 2016 the NZ Transport Agency mandates the use of the Safety in Design minimum standard for road projects on all contracts that are still in a design phase. These clauses have been updated in the current physical works and professional services contract proforma (March 2016 issue).

For any contracts involving design that are currently out to tender or currently underway, please review the respective sections and issue a Notice to Tenderer or Notice to Contractor / Consultant as appropriate, to incorporate the following clauses within the contract.

Contract wording:

State highway construction contract proforma manual (SM031) http://nzta.govt.nz/resources/state-highway-construction-contract-proforma-manual/index.html 
SM031 Appendix A - Traditional Contracts, A6 Project Specification, section 6

6.x.x The Contractor must meet the requirements of the Transport Agency’s Safety in Design minimum standard for roading projects https://www.nzta.govt.nz/roads-and-rail/highways-information-portal/technical-disciplines/zero-harm-minimum-standards/.

SM031 Appendix B - Design and Construct, B3A Principal’s Requirements, section 1.10

1.10.x The Contractor must meet the requirements of the Transport Agency’s Safety in Design minimum standard for roading projects https://www.nzta.govt.nz/roads-and-rail/highways-information-portal/technical-disciplines/zero-harm-minimum-standards/.

1.10.x A designer’s risk assessment for the specimen design can be found in the Specimen Design Philosophy Statement, contained within IFT section [1.13]. The Contractor must develop this assessment into its own Safety in Design procedures. A designer’s risk assessment is to be made available as part of the design, construction and as-built stages as detailed in section [4.4].

1.10.x The Contractor will engage with the Transport Agency and network operator stakeholders to ensure all future maintenance activities have been identified and taken into account as part of the Safety in Design process.

1.10.x Safety in Design workshops must be clearly identified on the Contractor’s programme for each design package and allow for sufficient time for the items to be raised and addressed to the satisfaction of the Engineer. These workshops are to cover all elements of the Contractor’s Design and must involve all appropriate parties (as agreed with the Engineer). The Contractor’s Design must be adjusted as necessary to close out the issues raised to the satisfaction of the Engineer.

SM031 Appendix H - ECI, H2 Principal’s Requirements, section 4.4

4.4.x The Contractor must meet the requirements of the Transport Agency’s Safety in Design minimum standard for roading projects https://www.nzta.govt.nz/roads-and-rail/highways-information-portal/technical-disciplines/zero-harm-minimum-standards/.

4.4.x Safety in Design workshops must be clearly identified on the Contractor’s programme for each design package and allow for sufficient time for the items to be raised and addressed to the satisfaction of the Engineer. These workshops are to cover all elements of the Contractor’s Design and must involve all appropriate parties (as agreed with the Engineer). The Contractor’s Design must be adjusted as necessary to close out the issues raised to the satisfaction of the Engineer.

State highway maintenance contract proforma manual (SM032) http://nzta.govt.nz/resources/state-highway-maintenance-contract-proforma-manual/maintenance-contract-proforma.html 
SM032 Volume 4 - Maintenance Specification, Section 4 Contract Plan, 4.1 Health and Safety Management Plan

4.1.x Safety in Design

4.1.x The Contractor must meet the requirements of the Transport Agency’s Safety in Design minimum standard for roading projects https://www.nzta.govt.nz/roads-and-rail/highways-information-portal/technical-disciplines/zero-harm-minimum-standards/.

State highway Professional Services contract proforma manual (SM030) http://nzta.govt.nz/resources/state-highway-professional-services-contract-proforma-manual/ 
SM030 Section D - Contract Scope, Section 4 Contract Management, 4.5 Reporting

4.5.8 Safety in Design File

The Safety in Design File shall be submitted to the Client within the times specified in the Contract documents and shall be in accordance with the Transport Agency’s Safety in Design for Road Projects Minimum Standard. The File may include any of the following documentation as appropriate:

  • File notes
  • Spreadsheets / risk registers
  • Minutes of meetings
  • Hazard identification drawings
  • Designer’s risk assessment

3 Constructsafe

The ConstructSafe competency assessment scheme provides the construction industry with a framework for individuals to prove health and safety competence. It allows sites to reduce the potential for untrained or inexperienced workers from creating hazardous situations for themselves or others. It helps raise the health and safety standards and creates a safer and more competent New Zealand workforce.

The Transport Agency has adopted the ConstructSafe competency testing scheme as a principal’s requirement. Should a supplier wish to advance an alternative that provides the same levels of assurance, the Transport Agency may be prepared to accept such a system. However, the preference is a universal adoption of ConstructSafe. There will be a 12 month implementation period starting from 1 July 2016. Once the implementation period is over all state highway projects/work sites will be expected to have set a minimum entry requirement of ConstructSafe Tier 1 (Foundation Health and Safety Competence) for all workers entering the site. Workers entering the site who have not attained Tier 1 competency will not be authorised to enter the site or must be supervised at all times.

The Construction Safety Council website has the details www.constructionsafetycouncil.co.nz(external link) regarding finding or becoming a test centre.

Implementation:

From 1 July 2016 the NZ Transport Agency has adopted the ConstructSafe competency testing scheme as a principal’s requirement. A 12-month implementation period commences from this date to allow organisations time to plan and deliver ConstructSafe competency testing to their workers.

From 1 July 2017 the NZ Transport Agency mandates the minimum requirement of ConstructSafe Tier 1 for entry across all contracts/work sites.

These clauses have been updated in the current physical works and professional services contract proforma (March 2016 issue).

For any contracts currently out to tender or currently underway, a Notice to Tenderer or Notice to Contractor as appropriate, shall be issued to incorporate the following clause within the contract. Claims for variation to contract will be based on average reported numbers of personnel entered into the Zero Harm Reporting Portal for 1 December 2016 – 31 May 2017 inclusive.

Contract wording:

State highway construction contract proforma manual (SM031) http://nzta.govt.nz/resources/state-highway-construction-contract-proforma-manual/index.html 
SM031 Appendix A - Traditional Contracts, A6 Project Specification, section 6
SM031 Appendix B - Design and Construct, B3A Principal’s Requirements, section 1.10
SM031 Appendix E - Minor Works, E1 Minor Works / Direct Appointment, section 9.3
SM031 Appendix H - ECI, H2 Principal’s Requirements, section 4.4

x.x.x All Transport Agency projects/work sites have a minimum entry requirement of ConstructSafe Tier 1 (or alternative approved independent competency assessment scheme aligned to ConstructSafe) for all workers entering the site. The Contractor’s workers shall complete and obtain Construct Safe Tier 1 (Foundation Health and Safety Competence) by 1 July 2017. Workers entering the site who have not attained ConstructSafe Tier 1 are not authorised to enter the site or must be supervised at all times while on site.

State highway maintenance contract proforma manual (SM032) http://nzta.govt.nz/resources/state-highway-maintenance-contract-proforma-manual/maintenance-contract-proforma.html
SM032 Volume 4 - Maintenance Specification, Section 4 Contract Plan, 4.1 Health and Safety Management Plan

x.x.x All Transport Agency projects/work sites have a minimum entry requirement of ConstructSafe Tier 1 (or alternative approved independent competency assessment scheme aligned to ConstructSafe) for all workers entering the site. The Contractor’s workers shall complete and obtain Construct Safe Tier 1 (Foundation Health and Safety Competence) by 1 July 2017. Workers entering the site who have not attained ConstructSafe Tier 1 are not authorised to enter the site or must be supervised at all times while on site.

State highway professional services contract proforma manual (SM030) http://nzta.govt.nz/resources/state-highway-professional-services-contract-proforma-manual/ 
SM030 Section D - Contract Scope, Section 4 Contract Management, 4.7 General requirements

4.7.14 Health & Safety in Employment Compliance All Transport Agency projects/work sites have a minimum entry requirement of ConstructSafe Tier 1 (or alternative approved independent competency assessment scheme aligned to ConstructSafe) for all workers entering the site. The Consultant’s workers shall complete and obtain Construct Safe Tier 1 (Foundation Health and Safety Competence) by 1 July 2017. Workers entering the site who have not attained ConstructSafe Tier 1 are not authorised to enter the site or must be supervised at all times while on site.

Further information

Contact the NZ Transport Agency Zero Harm team at zeroharm@nzta.govt.nz

Kevin Reid