In designing contracts where health and safety requirements are to be built in, early market engagement is important to identify the capacity of the market to deliver these.
This also makes sure that potential bidders are made aware early on that this will form part of the contract requirements. Where a contract includes health and safety requirements, this should be indicated in the call for competition. Below is example wording that can be used for this purpose:
‘The contract/framework agreement supports the Scottish Government's National Performance Framework, and the National Outcomes which articulate the Government's Purpose ‘To focus on creating a more successful country with opportunities for all of Scotland to flourish through increased wellbeing, and sustainable and inclusive economic growth’.
This framework supports the following National Outcomes, and contractors are expected to support the authority’s aim to achieve these.' [Insert relevant National Outcomes].’
‘The Contracting Authority has included obligations within the specification and contract conditions relating to further requirements to achieve health and safety outcomes which are relevant to the services to be delivered.’
Further, it is good practice to notify suppliers early in the process of particular conditions of the contract and as such this should also be included in the Contract Notice. For example:
‘A safety method statement is required and will need to describe in a logical sequence exactly how the contract will be performed in a safe manner and without risks to health. It must include all the risks identified in the risk assessment and the measures needed to control those risks.’
‘Evidence must be provided to demonstrate that any subcontractors used within the contract will be assessed by the contractor with regard to their competence in identifying and mitigating health and safety risks.’
‘In furtherance of this contract the contractor will be required to evidence that all his employees working on the authority’s premises are trained in the safe operation of the relevant equipment.’
In any instance, the Invitation to Tender may further explain why the requirement is part of the contracting authorities’ purposes, policies and activities.
