By making sure your procurement activities meet your health and safety obligations, you are contributing to the delivery of national outcomes and indicators within the National Performance Framework.
All contractors to the public sector are expected to be good employers who have adopted policies that meet health and safety laws.
The Health and Safety at Work etc. Act 1974 (‘HSW Act’) is the main piece of legislation which establishes an employer’s duty 'to ensure, so far as is reasonably practicable, the health, safety and welfare at work' of all their employees.
For public bodies, this duty extends to contractors. It is therefore essential that contracting authorities have in place a policy for promoting compliance by contractors and subcontractors with the HSW Act and any provision made under that Act.
Please see the Health and Safety Executive website for industry specific guidance. For construction procurements please see the Scottish Government Construction phase handbook which includes a chapter on health and safety.
A contracting authority must include a statement in their procurement strategy on its general policy on promoting compliance by contractors and sub-contractors with the HSW Act and any provision made under that Act.
For more details on the legal requirements of the procurement strategy, please see the statutory guidance under the Procurement Reform (Scotland) Act 2014
