To set forth a basis for the selection of safe subcontractors and to set forth procedures to assure that the subcontractor’s safety activities are equal to or exceed those of The Company.
Subcontractors for JCI; hereafter referred to as “The Company” work sites shall be selected and managed in a manner consistent with the overall Company safety objectives, policies, and procedures embodied in the other sections of this manual.
Applies to all The Company work sites, i.e., Company offices, client job sites, etc., that have occasion to use subcontractors.
Experience Modification Rate (EMR) is a term related to Workers’ Compensation insurance and means a factor developed by measuring the difference between an employer’s actual past claim experience and the expected or actual experience of the industry classification of the employer. Depending on the workers compensation program in which the subcontractor participates, the EMR may be determined by a single state entity or a multi-state agency such as the National Council on Compensation Insurance (NCCI). The EMR is based on a point scale where 1.0 means average or expected losses for that type of industry classification. EMR’s below 1.0 means below average loss history and EMR’s above 1.0 mean above-average loss history.
Hours of Exposure means the total number of hours that all a company’s workers are exposed to occupational injuries or illnesses during a normal work year. Salaried and hourly workers are included. Straight-time and over-time hours are included.
Subcontractor for purposes of this section, means a person or business, which has a standard subcontract agreement with The Company, as an “independent contractor” (not a worker), to provide some portion of the fieldwork on a project for The Company.
Form 5-1.1 of Appendix 5-1 is a Pre-Qualification Questionnaire that shall be used to capture the information noted within this section. It is required that safety performance be considered initially, and annually thereafter, in the selection of subcontractors, using the following criteria:
Experience Modification Rate (“EMR”)
Prospective subcontractors shall be required to furnish their EMR for the past three years. This information should come directly from the subcontractor’s broker. An EMR greater than 1.0 can indicate an employer with a high frequency and/or severity of workers compensation claims. In the event of an EMR greater than 1.0, a more detailed evaluation of their safety program is required.
Prospective subcontractors shall be required to submit copies of OSHA logs (or equivalent summary data) for the previous three years and applicable hours of exposure. Incident frequency and severity rates should be examined and compared for acceptability with:
- Comparable incident rates for relevant work sites (if available)
- Industry average incident rates for their Standard
- Industrial Code (SIC or NAICS code) as published by the Bureau of Labor Statistics
- An incident rate specified by The Company
- Safety Coordinator or delegate
Evaluation of Subcontractor Safety Program
The prospective subcontractor shall demonstrate that their program meets or exceeds The Company’s safety program requirements, industry standards or governing jurisdiction. The following areas are a minimum that shall be addressed by the subcontractor:
- The program should be industry specific, not generic, and should be responsive to the exposures prevalent in the industry and anticipated on the prospective project
- There should be elements of supervisor accountability for safety, accidents, and claim costs
- Safety meetings should be held regularly, with documentation as to the subject, who attended, and a review of past losses
- Safety audits (inspections) should be conducted by the subcontractor on a regular basis.
- Audit results should be documented to identify deficiencies and corrective action taken
- The program should provide for worker safety training, including the documentation thereof
The prospective subcontractor shall be required to provide information (reason, corrective action, and fines) regarding OSHA citations during the past three years. A history of frequent violations, infrequent but repeated violations, or violations applicable to the work to be performed would warrant further investigation.
The understanding of The Company and the subcontractor on important issues should be written and signed by both parties as part of the subcontract agreement and scope of work. All subcontractors are required to report incidents/injuries immediately or as soon as possibly to The Company. The subcontractor and The Company will review and assign notification and recordkeeping requirements.
Examples of such issues would be:
- Provision of tools and equipment and inspection thereof
- Performance in accordance with OSHA and other regulatory bodies
- Provision of all necessary personal protective equipment (PPE), training on its use, and enforcement of usage at the worksite
- Responsibility for housekeeping and debris removal efforts
- Responsibility for utility mark out, maintenance, and protection of traffic on underground and road projects during the project
- Defining the roles and responsibilities for the supervision and direction of the subcontractors
- Reporting and recordkeeping of incidents/injuries including near misses
Typical Actions Recommended During Performance of Work
Include subcontractors in the following safety activities:
- Manager Audits
- Safety Meetings
- Training Sessions
- Safety Audits
- Work Observations
- Job Safety Analysis Systems
- Hazard Analysis including Site inspections and hazards created by others
- Injury Intervention Processes
- Root Cause Analysis
- Client-Required Programs
Post Job Review
A post job review will be performed to evaluate the overall safety performance of the subcontractor.