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Tool of the Month: Model Clause for Agreements with Contractors

MODEL CLAUSE
Contractors’ Safety Obligations
  1. OHS Laws. Contractor shall ensure that all work is conducted in accordance with applicable occupational health and safety (OHS) laws, regulations and industry standards.
  2. OHS Program. Contractor shall ensure that all work is conducted in accordance with the Company’s OHS program. In particular, all work involving [insert specific type of work, such as trenching] shall be done in accordance with [the Company’s/the Contractor’s] safe work procedures.
  3. Indemnification. Contractor shall indemnify and hold harmless the Company for any and all damages flowing directly or indirectly from any breach of the OHS laws or the Company’s OHS program caused by any act or omission of the Contractor, its workers, officers, directors, agents or subcontractors, including, but not limited to, fines, legal fees, expert fees and investigatory costs.
  4. Cooperation. In the event of a safety incident or violation, Contractor and Contractor’s worker shall fully and completely cooperate with the Company’s investigation of said incident or violation, including, but not limited to, providing requested documents and granted access to Contractor’s workers when requested by the Company.

Related Article 12 Dos & Don’ts for Dealing with Contractors
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