Health and Safety Guide for the Tendering Process - Site Safe

Health and Safety 

Guide for the Tendering 

Process 

Best Practice Guidelines for 

Health and Safety in the 

Construction Tendering Process 

Health and Safety Guide for the Tendering Process 2

Published by Site Safe New Zealand 

Level 5, Anvil House 

138-140 Wakefield Street 

Wellington 

New Zealand 

First Edition: March 2000 

ISBN 0-473-06655-6 


Contents 

A Word About Site Safe 5 

Acknowledgments 6 

About This Guide 7 

The Health and Safety in Employment Act – A Brief Introduction 9 

Health and Safety in the Tendering Process – In Brief 11 

Key Tasks and Who Does Them 14 

Further Information 20 

Key Terms and What They Mean 28 

Appendix – Pre-qualification Health and Safety Checklists 32 

Become a Site Safe Member 35 


A Word About Site Safe 

Site Safe is a small, independent, not-for-profit organisation set up by the entire construction 

industry. We continue to work with all sectors of the construction industry in every facet of 

health and safety, by taking the lead in promoting construction health and safety. This guide 

is one in a series and another step towards the goal of reducing construction injuries and 

deaths. 

Site Safe is governed by a Board of Directors with the following representatives from 

throughout all the major sectors of the construction industry: 

A Word About Site Safe 

! Peter Neven (Chairman) – General Manager, Fletcher Construction 

Representing the commercial construction sector. 

! Ray Barbara – General Manager, ECANZ. 

Representing the electrical contractors. 

! Bill Grace – Managing Director, Bill Grace Ltd. 

Representing the masonry and bricklaying sectors of the industry. 

! Dave Hardman – Regional Secretary, Building Trades Union. 

Representing the BTU and the Central Amalgamated Workers Union. 

! Peter Hay – Executive Director, Beca Carter Hollings & Ferners Ltd. 

Representing the engineering and quantity surveying sectors of the industry. 

! Peter Heaphy – Company Director, Graham Ilich Ltd. 

Representing the painting sector. 

! Hank Lieshout – Director, Pukekohe Developments Ltd. 

Representing the Building and Construction ITO. 

! Keith McLea – Chief Executive, PRISM. 

Representing PRISM (formerly ACC). 

! Gordon Moller – Director, Craig Craig Moller Architects. 

Representing the architecture sector of the industry. 

! John Pfahlert – Chief Executive, Contractors Federation. 

Representing the civil construction sector. 

! Peter Tunnicliffe – Manager, H.W. Coyle Ltd. 

Representing the plumbing and gasfitting sector of the industry. 

! Geoff Wilson – Manager Strategic Development, OSH. 

Representing OSH, Dept. of Labour. 


Acknowledgments 

Acknowledgements 

Site Safe would like to thank the industry project team who worked on the development of 

this guide: 

! Kevin Lockley, Health and Safety Manager, Fletcher Construction 

! Paul Maynard, Representative – New Zealand Institute of Quantity Surveyors 

! Rex Moir, Business Adviser – Development and Operations, OSH 

! John Rogers, Representative – New Zealand Institute of Architects 

! Brian Smith, Associate, Beca Carter Hollings and Ferner Ltd. 

! Grant Wilson, Construction Inspector, OSH 

We would also like to thank the many associations, organisations, companies and 

individuals from throughout the construction industry who were involved in the development 

and consultation of the guide, in particular, OSH staff who assisted with the formatting and 

editing. Site Safe and the construction industry thank all those involved. 


About This Guide 

There are hazards when working in many industries. When injuries occur, the costs are high 

– in people, profits and productivity. 

One of the best ways to avoid injuries and minimise costs is through good planning, 

communication and coordination – both before and on the job. This should start when the 

decision is made to go ahead on the project, and should consider all stages and the parties 

involved. 

The tendering process is one of the stages where health and safety should be addressed 

on a project. 

This guide is intended as a useful tool for all those involved in the tendering process – 

including clients, their agents, designers/advisers, contractors and suppliers. It provides all 

parties involved in the tendering process with a better understanding of what they can do to 

introduce health and safety into the tender stage of a project. 

In being ‘best practice’, this guide goes beyond simply compliance and what is stated in 

the Health and Safety in Employment Act 1992 (HSE Act), Regulations and Standards. It 

encourages the highest possible standards for health and safety in the tendering process. 


What’s in the Guide? 

The guide has been developed in consultation with representatives from throughout the 

construction industry, including OSH policy and operational staff, contractors and 

subcontractors, architects, engineers and quantity surveyors. However, it will have many 

applications outside the construction industry. 

We are confident that the Site Safe best practice guidelines and other Site Safe products 

and services will be instrumental in helping to create a New Zealand-wide safety culture. 

The guide includes: 

! a brief overview of the purpose and requirements of the HSE Act (1992) 

! an overview of the tendering process, with health and safety as one of the priorities 

! an explanation of key health and safety tasks for everyone involved in the tendering 

process 



! a list of key terms and what they mean 

! a checklist to consider for health and safety pre-qualification 

[Note: Throughout this guide, terms in italics are defined in the section ‘Key Terms 

and What They Mean’ (see page 27).] 


The Health and Safety in Employment Act – A Brief 

Introduction 

The main purpose of the Health and Safety in Employment Act 1992 (HSE Act) is to make 

workplaces safer through better management of health and safety. 

In short, everyone involved with a project of any kind – from clients, planners and 

designers through to contractors and on-site workers – has a role to play in health and safety 

during the project – from concept to construction completion. 

Anyone who contracts another party for any part of a project (that is, engages anyone to 

work on the project for gain or reward other than an employee) has a duty as a principal. 

Principals are required to take all practicable steps to ensure the health and safety of people 

contracted by them to carry out work of any kind throughout all stages of a project. 

As you can see from the flow chart on the following page, although the client has 

responsibility as a principal, several parties can be principals at any one time, and all key 

people have a duty to provide for the health and safety needs of their own areas of operation. 

So remember: you may be wearing more than one ‘hat’ at any particular 

stage of a project. 

[Note: this does not apply, however, when work is being done on or in your own 

home – though the information found in this guide may still be useful in this situation.] 

The Health and Safety in Employment Act - A Brief Introduction 


The Health and Safety in Employment Act - -- -- A A A Brief Introduction 

! 

The Principal to Contractor Relationship 

Principal relationship 

Possible principal 

relationship 

Duty link you may have 

Though you may not have 

directly engaged the groups 

several removed from you, you 

still have a duty to ensure their 

safety to a level that could be 

reasonably expected of you. 

You are required to do what 

could be reasonably expected 

given the circumstances (i.e. 

take all practicable steps). 

! 

! 

CLIENT 

Principal 

DESIGNER/ 

ADVISER 

! 

HEAD CONTRACTOR 

Principal 

(Responsible for 

construction process) 

Similar principles in this guide can be used for the selection 

of subcontractors (the area below this text), however this is 

covered ore thoroughly in the Contractor/Subcontractor 

Safety Management Workbook, to be released in support of 

the Construction Safety Management Guide and this guide. 

! ! ! 

SUB- 

CONTRACTOR a 

SUB- 

CONTRACTOR a 

Principal 

! 

! 

SUBCONTRACTOR a 

! 

The client may choose to engage 

a designer/adviser to act on their 

behalf, or they may choose to 

directly engage a contractors(s). 

In either case, the client has the 

role and responsibilities of a 

principal to the groups below. In 

some instances, the designer/ 

adviser will simply act as the 

client’s agent. 

Where a designer/adviser directly 

contracts with the head contractor, the 

designer/adviser may take on the role 

and responsibilities of a principal to the 

contractor(s) and the groups below. 

Designers/advisers may also be 

engaged by the contractor(s) 

(essentially as a subcontractor) to 

design the works, the construction 

processes and temporary works. 

If the head contractor then 

engages subcontractors to 

assist in the construction, the 

head contractor then takes on 

the role and responsibilites of a 

principal to the subcontractors 

and the groups below. 

If the subcontractor (2) 

then 

chooses to engage a further 

subcontractor (a) 

to assist with 

their work, they too take on the 

role and responsibilities of a 

principal to the subcontractor (a) 


Health and Safety in the Tendering Process – In 

Brief 

Before You Start 

Incorporating health and safety into tendering and the tender documents, and adequately 

assessing the health and safety credentials of potential contractors, is one way to introduce 

health and safety into a project in the early stages. 

Contractor selection and appointment is critical in determining the overall success and 

management of a project. Health and safety are important aspects that need to be considered 

in this process. 

A Special Word to Clients 

As a principal, you have a duty under the HSE Act to make sure that the 

people or organisations you may contract to carry out the various stages 

of your project are safe while working on the site. You are the person 

who has the authority and responsibility to make sure that health and 

safety is managed and coordinated and to ensure that the necessary steps 

are taken to make this happen by all those involved in the project. So it 

is in your best interests to make sure that health and safety are integral to 

the total planning for the project. 

If you are a client with a limited knowledge of construction work, it is 

important for you to appoint a designer/adviser with experience and 

knowledge of the design and construction process, as well as an 

understanding of the relevant health and safety issues. Designers/ 

advisers should be able to provide 

advice, where requested, to the client on the health and safety 

performance of potential contractors and organisations tendering for the 

work. With help here, the client can be satisfied, as well as they 

reasonably can, that health and safety is adequately allowed for and a 

competent contractor selected. 

Health and Safety in the Tendering Process - In Brief 



Stage 1 – The Process Begins 

The Team: Client, Designers/Advisers 

A decision is made to obtain tenders for the project. Awareness of the need for health and 

safety is discussed and preliminary consideration is given to the level of health and safety 

required on the project and how this will be included in tendering. The client, with advice 

from their designers/advisers, decides on the most suitable form of tendering for the project. 

Stage 2 – Pre-tender Stage 

The Team: Client, Designers/Advisers 

Development of the tender documentation begins. Consideration is given to how health and 

safety will be included in the tender documents. 

A pre-qualification procedure may be carried out during the pre-tender stage to establish 

a shortlist of tenderers. This can be based on a number of things, such as past health and 

safety performance and industry credibility relating to health and safety. A checklist can 

often be used to develop this shortlist, (refer Appendix, page 31) building up a profile of the 

health and safety practice and performance of potential tenderers. 

At this early stage of the project, any significant health and safety information that is 

available should also be provided to potential tenderers. 

[Note: while pre-qualification to establish a shortlist of tenderers may not be adopted in 

all cases, it can have a number of benefits (refer page 19). Where a shortlist is not utilised at 

this part of the process, the information will still need to be requested and examined during 

the following stages.] 

Stage 3 – Tendering 

The Team: Client, Designers/Advisers, Tenderers 

Work is finalised on information about the significant known health and safety risks of the 

project (the project health and safety information, refer page 21). 

Tender documentation is finalised and forwarded to the tenderers (the short-listed 

tenderers where pre-qualification has been carried out). This documentation 


incorporates the project health and safety information, included and identified in appropriate 

parts of the tender documents. 

Potential contractors are requested to outline their approach regarding health and safety 

for the work as defined in the tender documents – outlining how they will deal with specific 

risks and hazards during the project. (Essentially a preliminary Site-specific Health and 

Safety Plan). 

[Note: much of this information will contribute to the Site-specific Health and Safety 

Plan, developed by the selected contractor once appointed.] 

Establishing a shortlist of tenderers through pre-qualification, followed by 

evaluation of their response to the project health and safety information 

within the tender documents, are two means, even on the smallest jobs, by 

which clients can be satisfied as well as they reasonably can, that 

prospective contractors have made (and are able to make) adequate 

provision for health and safety and are competent to carry out the job. 

Stage 4 – Tender Review, Evaluation and Selection 

The Team: Client, Designers/Advisers, Tenderers 

Tender submissions are received, evaluated and assessed by the client and their designers/ 

advisers to make sure that potential contractors have complied with the tender documents – 

including the requirements relating to health and safety for the project – and are competent 

to carry them out. 

Once the contractor is appointed, a Project Site-specific Health and Safety Plan is 

developed by the contractor and provided to the client and their designers/advisers. The 

construction process on-site is managed by the contractor. The plan also provides a means 

for the client (in conjunction with the contractor) and their designers/advisers to monitor the 

maintenance of a continued appropriate level of health and safety competency. 

[Note: Detailed information and advice to help in the development of the Project Sitespecific 

Health and Safety Plan can be found in Site Safe’s Contractor/Subcontractor Safety 

Management Workbook. Information and advice to assist in the evaluation and assessment 

of contractors by designers/advisers can also be found in Site Safe’s Designer/Adviser 

Safety Workbook. Both of these publications are to be released in support of the 

Construction Safety Management Guide and this guide]. 



Key Tasks and Who Does Them 


Stage 1 – The Process Begins 

Clients: Questions You Need to Ask 

Have you: 

! sufficient knowledge and experience of the construction process? 

If not, have you: 

! appointed a designer/adviser with experience and knowledge of the design and 

construction process, and an understanding of the health and safety requirements 

for the type of activity? 

Designers/Advisers: Questions You Need to Ask 

Have you: 

! considered the level of health and safety required on the project 

(see pages 20 and 22)? 

! considered how this will be included in the tendering process? 

Stage 2 – Pre-tender Stage 


Have you: 

! provided the designer/adviser with relevant health and safety information (such as 

existing drawings and any existing site safety plan – including any known hazards, 

! made sure that consideration is given to how health and safety will be included in 

the tendering process? 


This may include: 

! adopting a pre-qualification procedure to help establish a shortlist of appropriate 

tenderers. (Refer page 19). 

[Work may also begin on the project health and safety information (a collection of 

information about the significant known health and safety risks of the project) to be 

incorporated into the tender documents. (Refer page 21)]. 


Where pre-qualification is to be used, have you: 

! developed a pre-qualification procedure and forwarded this, (along with any 

significant health and safety information that is available at this stage) to potential 

tenderers to help establish a shortlist of tenderers? (Refer page 19). 

! provided advice to the client on the short-listed contractors who have the required 

health and safety competence? 


Also have you: 

! begun to prepare the project health and safety information? (Refer page 21 ). 

! obtained sufficient information from the client and other parties to make sure the 

project health and safety information is prepared competently (such as drawings, 

job specifications and product specifications)? 

Potential Tenderers: Questions You Need to Ask 

Have you: 

! familiarised yourself with any pre-qualification health and safety requirements? 

! responded by providing the client with health and safety information requested in 

any pre-qualification procedure (such as completing a pre-qualification checklist if 

requested by the client)? 

! forwarded supporting documents providing evidence that company practices and 

procedures for health and safety are in place? 



Stage 3 – Tendering 


Have you: 

ensured the health and safety selection criteria has been finalised? 

! made sure sufficient time has been allowed for tenderers to adequately present 

their tender and respond to the requirements for health and safety? 

! considered whether the proposed time period for the project would adversely affect 

health and safety? 

! made sure that the tender documents include sufficient information for tenderers to 

effectively develop and cost a health and safety plan to complete the project safely? 

This should include: 

! ensuring that the project health and safety information has been prepared and any 

significant known health and safety risks and hazards of the project have been 

included and identified in appropriate parts of the tender documents. 


Have you: 

! prepared appropriate project health and safety information on behalf of the client? 

(Refer page 21) 

! ensured that the project health and safety information is included in appropriate 

parts of the tender documents, identifying any significant known health and safety 

risks and hazards of the project? 

! developed the health and safety criteria for evaluating tenders and considered 

whether to include this in the tender documents? 



! where necessary, held a face-to-face meeting or site visit with tenderers to explain 

health and safety requirements? 

! allowed time for potential contractors to adequately present their tender to meet the 

requirements for health and safety? 


Tenderers: Questions You Need to Ask 

Have you: 

! familiarised yourself with the tender documents, the construction site and the 

health and safety requirements of the project? 

! received adequate information to determine what is necessary for health and safety 

on the project? 

! developed a clear specification of the resources needed to control and manage the 

health and safety risks and hazards of the project? 

! included with your tender, information outlining how you will deal with any specific risks 

and hazards during the project and provided evidence that your tender meets the health 

and safety requirements of the project and the tender documents? 

This may include: 

! developing a preliminary site-specific health and safety plan, outlining how you 

will manage and deal with the risks and hazards during the project. 

! providing evidence that the subcontractors you nominate are committed to health 

and safety and are able to perform their role safely. 

! providing evidence that health and safety has been acknowledged and included in 

your tender. 

! providing any additional health and safety information you consider relevant to the 

project which has not been asked for. 

[Note: much of this information will contribute to the Site-specific Health and 

Safety Plan developed by the selected contractor once appointed.] 

Finally, have you: 

! ensured that your tender shows a full understanding of the level of health and 

safety required for the project? 


Stage 4 – Tender Review, Evaluation and Selection 


Have you: 

! made sure that tenders are assessed by those with skills and knowledge relevant to 

the health and safety requirements of the project? 



! made sure that the tender assessment criteria includes evaluation of health and 

safety requirements? 

! ensured sufficient allowances have been made for health and safety in the 

successful tender? 



! received advice, where necessary, from designers/advisers on the health and safety 

performance of potential contractors and organisations tendering for the work? 


Have you: 

! where necessary, held post-tender meetings with potential contractors to further 

assess their competence and attitude towards health and safety on a one-to-one basis? 

! allowed time to assess the health and safety requirements of the tender? 

! thoroughly reviewed all tenders, benchmarking the potential contractor’s health 

and safety competence against tender requirements? (Refer page 24) 

! ensured the tender selection process has included health and safety? 



! provided advice to the client on the health and safety performance of potential 

contractors and organisations who have tendered for the work? 

! ensured tenders contain adequate health and safety requirements for the project 

and taken this into account in your tender evaluation process? 

! on appointment of the contractor, and before the contractor starts work, made sure 

that the contractor has in place an appropriate health and safety plan? 


The Selected Tenderer: Questions You Need to Ask 

Once appointed, have you: 

! developed a Project Site-specific Health and Safety Plan (this sets out the 

arrangements for securing the health and safety of everyone carrying out the work 

and all others who may be affected by it)? 

Remember: It is essential to monitor the project to ensure that a continued 

level of health and safety competence is maintained. 

[Note: Detailed information and advice to help in the development of the Project Sitespecific 

Health and Safety Plan can be found in Site Safe’s Contractor/Subcontractor Safety 

Management Workbook. Information and advice to assist in the evaluation and assessment 

of contractors by designers/advisers can also be found in Site Safe’s Designer/Adviser 

Safety Workbook. Both of these publications are to be released in support of the 

Construction Safety Management Guide and this guide]. 



Further Information 


Pre-qualification 

[Note: a pre-qualification procedure may not be adopted in all cases, although it can have a 

number of benefits. Where one is not used, the information will still need to be requested and 

the questions below considered during the tendering stage.] 

What is Involved? 

A pre-qualification procedure to help establish a shortlist of tenderers generally involves the 

request for certain supporting documents prior to the tendering and selection process (the pretender 

stage). 

Pre-qualification should look at the general ability and competence of the contractor for the 

type of activity that will be undertaken. Health and safety commitment and procedures should 

also be a part of the criteria, for the benefit of all those who will be working on the project. 

This is one way to build up a profile of the health and safety performance of tenderers so that 

only contractors who have appropriate health and safety practices in place are invited to tender. 

Why? 

The following are some of the benefits of looking at health and safety of potential tenderers at 

the pre-tender stage: 

! it makes it clear from the beginning of the project that health and safety is an 

important issue 

! it limits the number of tenderers, so only contractors who have appropriate health 

and safety practices in place are invited to tender. (i.e. it will generally prevent 

contractors with little health and safety practice in place from tendering for the work). 

! it comes at a stage when there is more time to begin to assess health and safety 

credentials (the tendering stage can be very busy). 

! it can be used to build up a profile of the health and safety practices and 

performance of potential tenderers, so that the initial process may not need to be 

carried out in full on every project. This means that if you are a client, a 


What to Ask 

designer/adviser or a contractor regularly involved in the tendering-out of work, 

you may be able to bypass most of this stage and go directly to an already 

established shortlist of tenderers, developed from past similar projects. 

The level of detail to go into for pre-qualification on each project is a matter for clients and 

their designer/advisers to assess by looking at a number of factors, including, among other 

things, the complexity of the project. The level of pre-qualification should be appropriate 

for the type of project being undertaken. 

Listed below are some of the areas that can be considered for pre-qualification at the pretender 

stage. Remember though, where pre-qualification is not used, these questions will 

still need to be considered at the tendering stage. 


Have you considered: 

! company health and safety documents (such as general health and safety policy, 

risk assessment and safety procedures)? 

! injury and ill-health records? 

! records of previous enforcement actions? 

! training records (such as safety induction procedures, national qualifications, 

certificates of competency)? 

! quality assurance procedures? 

! whether project review and monitoring of health and safety practices are documented? 

Other areas to consider could include details and evidence of: 

! past health and safety performance 

! management commitment to health and safety 

! delegations for health and safety 

! key personnel and their level of training 

! management of subcontractor safety 

! planning and monitoring processes and procedures to conduct risk assessment 

(how the results are controlled and procedures to reduce risk monitored) 

It is worth remembering: lengthy or glossy brochures on their own may look nice, 

but there are no guarantees that the organisation follows the procedures, or that it 

even wrote the documents itself. 



Many in the industry already use question schedules or checklist-type tools. These can 

be integrated with supporting documents or may stand alone. You can begin to picture what 

a schedule or checklist might look like for your project by looking at the example provided 

in the Appendix (refer page 31), considering the areas that were identified above, as well as 

incorporating any health and safety information specifically required for your organisation or 

project. 

The Project Health and Safety Information 

What’s It For? 

The project health and safety information is important information about the known health 

and safety hazards and issues that will have to be managed for the specific project. It is 

generally issued with, or included within, the tender documents. The information ensures 

that tenderers know their minimum obligations with regard to health and safety, and enables 

allowances for health and safety to be factored into their tender. 

The project health and safety information can be used as key material in the process of 

tender assessment, raising specific health and safety issues for tenderers to provide 

responses to, within their tender submissions. These responses need to be considered by the 

client and their designers/advisers in making a judgement about whether potential 

contractors have both adequate provision for health and safety and are suitably competent to 

carry them out. 

The main purpose of the project health and safety information is: 

! to provide a focus for bringing the health and safety issues of the project and the 

design to the attention of parties likely to be affected (such as potential 

contractors/tenderers ) 

! to enable contractors submitting tenders to be fully aware of the project’s health 

and safety requirements 

! to provide a benchmark against which the tender submissions can be measured 

The information will mainly come from: 

! The client, who provides the designers/advisers, or contractor with information 

relevant to health and safety, such as existing drawings, surveys of the site, a 

description of hazards known specifically to the client, and so on; and 


! The designers/advisers, who provide information about the known risks which 

cannot be avoided and which will have to be controlled by the head contractor and 

other contractors. 

What Should Be Considered in the Project Health and Safety 

Information? 

The level of detail, size and format of the project health and safety information will depend 

on a number of factors, such as the nature of the project, the types of known hazards and 

potential risks involved, as well as client requirements. 

Obviously, some items listed below will not be relevant to all projects. Projects with 

minimal risk call for simple straightforward approaches. On the other hand, large projects 

involving significant risk will require more detail. Each collection of project health and 

safety information should be specific to the individual project, and the form tailored to be 

appropriate for that type of project 

Areas to consider include: 

! what is the nature of the project (location, type of work, time scale for completion 

and so on)? 

! what is the site like with regard to location and local environment (such as existing 

services, surrounding land use and premises such as schools, shops and so on; 

existing traffic systems and restrictions; ground conditions and other buildings and 

structures)? 

! are there any existing drawings and what relevant information do they show (such 

as available drawings of the building or structure)? 

! what is the planned design and what information exists on the hazards which 

cannot be avoided? 

! what other site-wide factors are there (for example: any special client needs such 

as access for school children; the positioning of the site access or exit points; 

location of unloading, or layout and storage areas; temporary site accommodation; 

traffic/pedestrian routes and so on)? 

! will there be any overlap with the client’s own activities during the project 

(particularly where construction work is to take place at the client’s premises that 

might be occupied)? 

! how will you satisfy yourself that the tenderers are competent to deal with health 

and safety on the project? 




! what site rules relating to the client do you need (such as emergency 

procedures, permit-to-work rules and so on, when work takes place at the client’s 

premises)? 

! how will you maintain continued liaison and coordination for health and safety onsite 

(such as procedures for dealing with design work prepared after the work has 

started)? 

! is there provision for the health and safety plan to be incorporated into an existing 

health and safety plan for the site? 

What Should it Look Like? 

Those preparing the project health and safety information (generally the client, designer/ 

adviser) will need to determine its most suitable format. 

The project health and safety information should be drawn up so that it requires specific 

responses to issues. There is little advantage in simply outlining hazards or risks. What is 

needed is how the contractor will manage and deal with them during the work. 

Factors to consider when thinking about this may include: 

! the nature of the work or type of work activity 

! the requirements of the client 

! hazards that will be introduced through the design 

! the requirements of current site users 

! the requirements of adjacent site users. 

Where Does it Go? 

The project health and safety information can be included in the tender documents in a 

number of ways, depending on what is most appropriate. It can be included as part of the 

specifications for a project, as a totally separate document, or could also be a documented 

discussion with potential contractors on particularly small jobs. The key point is that it 

needs to be appropriate to the project so that it effectively builds health and safety 

requirements into tender documents and the project in some form – addressing health and 

safety from the beginning of the process, clearly defining and acknowledging the safety 

requirements in the tendering and award process. 


Assessing Health and Safety Competence 

The assessment process for health and safety on a large or complex project may have to be 

quite detailed. But on the other hand, for a small project, or one with little risk, it may be 

very simple. The level of questioning and detail will very much depend on the nature and 

the risks involved in the project. 

Assessment of the appropriate level of health and safety competence is important for 

selection and appointment of contractors. Though past performance relating to health and 

safety, for example, is an area to consider, it shouldn’t be the only consideration. 

Competence should not be limited to one deciding factor. Issues that focus on the health and 

safety requirements for the project need to be raised, and answers sought. You may require 

documentary proof of further health and safety performance, but there is no point simply 

providing and collecting documents. They need to fulfil a clear purpose in the total project 

process from concept to completion. 

Consider the contractor’s ability to manage, implement and monitor health and safety 

procedures on-site. Think about: 

! the contractor’s past performance 

! their safety history 

! whether they have health and safety plans and procedures in place 

! whether they have the training, qualifications and resources to implement these 

on-site 

! whether subcontractors they use are likewise committed to health and safety, and 

how they are managed 


Also, ask yourself whether the tender includes site-specific procedures for: 

! the assignment of health and safety responsibilities for implementation on-site 

! methods for hazard identification (such as task analysis) 

! incident and accident investigation and reporting methods 

! on-site emergency procedures (such as fire, earthquake, chemical spills) 

! strategies for site communications (such as site meetings) 

! a site safety audit programme (from full audits to site inspection) 

! the system for co-ordination of on-site trade activities (such as methods for 

information sharing). 



[Note: Detailed information and advice to assist in the evaluation and assessment of 

contractors by designers/advisers can also be found in Site Safe’s Designer/Adviser Safety 

Workbook, to be released in support of the Construction Safety Management Guide and this 

guide.] 

Selection of Subcontractors 

The selection of the right subcontractors for the project is also extremely important. 

Selecting the right ones can bring many positive results. 

The selected head contractor will need to supply potential subcontractors with 

information about the project, the site, relevant parts of any existing health and safety plans 

and any other relevant information. This could include: 

! the arrangements for the health and safety management of the project 

! monitoring arrangements 

! site rules and procedures (such as wearing personal protective equipment, training 

or competency requirements) 

! rules for further subcontracting of work. 

Requirements for health and safety need to be made clear so that potential 

subcontractors have enough information to ensure that site-specific provision for health and 

safety is included in their own tender submissions, demonstrating that they are competent in 

health and safety matters relevant to the project. 

[Note: Similar principles in this guide can be used for the selection of subcontractors. 

However, this is covered more thoroughly in the Contractor/Subcontractor Safety 

Management Workbook, to be released in support of the Construction Safety Management 

Guide and this guide.] 

Possible Costs of an Inappropriate Selection 

In all tendering it is important to remember that value for money does not automatically 

mean the lowest possible price. 

If there are delays and difficulties on the job, this can cause things to be rushed, which is 

often where health and safety is overlooked, and when injuries can occur. So selecting the 

right contractor is an important factor – not just from a health and safety perspective. 


Delays and extra costs incurred due to time lost through worker injury are just a few of 

the consequences of not adequately addressing health and safety when selecting a 

contractor: 

Remember: value for money does not automatically mean the lowest possible 

price; and cost savings and time reductions should never be sought at the 

expense of site safety. 



Key Terms and What They Mean 


[Note: in this section, key terms as defined under the HSE Act (1992) or the HSE 

Regulations (1995) are identified with the symbol!.] 

All practicable steps ! 

“All practicable steps”, in relation to achieving any result in any circumstances, means all 

steps to achieve the result that it is reasonably practicable to take in the circumstances, 

having regard to – 

(a) The nature and severity of the harm that may be suffered if the result is not 

achieved; and 

(b) The current state of knowledge about the likelihood that harm of that nature and 

severity will be suffered if the result is not achieved; and 

(c) The current state of knowledge about harm of that nature; and 

(d) The current state of knowledge about the means available to achieve the result, 

and about the likely efficacy of each; and 

(e) The availability and cost of each of those means. 

This means, in effect, actions that are reasonably able to be taken in 

the specific circumstances to achieve the result. 

Client 

Party for which work is being carried out. 

Construction work ! 

(a) 

Means any work in connection with the alteration, cleaning, construction, demolition, 

dismantling, erection, installation, maintenance, painting, removal, renewal, or repair, of 

(i) Any building, chimney, edifice, erection, fence, structure, or wall, whether 

constructed wholly above or below or partly above and partly below, ground 

level; 

(ii) Any aerodrome, cableway, canal, harbour works, motorway, railway, road, or 

tramway; 


And: 

(b) 

(c) 

(d) 

(e) 

But: 

(f) 

(iii) Anything having the purpose of drainage, flood control, irrigation, or river 

control; 

(iv) Any distribution system or network having the purpose of carrying electricity, 

gas, telecommunications or water; 

(v) Any aqueduct, bridge, culvert, dam, earthwork, pipeline, reclamation, reservoir 

or viaduct; 

(vi) Scaffolding. 

Includes any work in connection with any excavation, preparatory work, or site 

preparation carried out for the purposes of any work referred to in paragraph a) of this 

definition. 

Includes any work referred to in paragraph a) or paragraph b) of this definition carried 

out underwater, including work on buoys, obstructions to navigation, rafts, ships, and 

wrecks. 

Includes the use of any materials or plant for the purposes of any work referred to in 

any of paragraphs a) to c) of this definition. 

Includes any inspection or other work carried out for the purposes of ascertaining 

whether any work referred to in any of the paragraphs a) to c) of this definition should 

be carried out. 

Does not include any work in any mine, quarry or tunnel. 

While work in mines, quarries and tunnels is excluded from the definition of 

‘construction work’ given in the HSE Regulations, this document will still 

provide a useful guide for these types of work. 


Contractor ! 

A person engaged by any other person (otherwise than as an employee) to do any work for 

gain or reward. 

Designers/Advisers 

Individuals or organisations who carry out the design of any work to be constructed, or 

anyone who provides advice to a client. This may include architects, engineers, quantity 

surveyors, specifiers, project managers, planners, health and safety consultants or others 

providing specialist advice to the project. 



Duty 

What you are required to do under the HSE Act and Regulations. The duty of each duty 

holder involved in a construction project does not go beyond the measures that are 

reasonably practicable for them to take in the individual circumstances. However, they are 

responsible for ensuring that duty holders contracted or employed by them adequately fulfil 

their duties, and must provide adequate resources for them to do so. 

Duty Holders 

All individuals or parties who exercise control over all or part of the workplace activity at 

any stage between concept and completion, including clients through to contractors, 

subcontractors and employees. 

Head Contractor 

For the purpose of this document, the head contractor is the contractor directly engaged by 

the client to perform the construction work and take overall responsibility for the 

management of site operations for the project, and this includes monitoring of health and 

safety. 

[Note: Some projects may not have a head contractor. In this situation the client takes 

responsibility for overall project management.] 

Person Who Controls a Place of Work ! 

This means a person who is: 

(a) 

or 

(b) 

the owner, lessee, sublessee, occupier, or person in possession of the place of work or 

any part of it; 

the owner, lessee, sublessee, or bailee of any plant in the place. 

Principal ! 

A person who engages any person (other than an employee) to do any work for gain or reward. 

Project 

Any planned construction work, from concept to completion, and includes preparation of 

plans and specifications, obtaining and deciding on tenders, as well as the actual 

construction stage. 


Project Health and Safety Information 

Important information about the significant known health and safety risks and hazards of the 

project. This information is generally issued with, or included within, the tender documents. 

Site 

Any place, or area within a place, where construction is being, (or is to be) carried out. This 

includes parts of the place where plant and materials are being stored temporarily and where 

vehicles and people may pass for the purpose of doing the construction work. 

Subcontractor ! 

A person engaged (otherwise than as an employee) by any contractor (or another 

subcontractor) to do for gain or reward any work the contractor (or other subcontractor) has 

been engaged to do. 

Tender, Tendering 

The process for obtaining work, including prices, bids, quotations and proposals. 

Tenderer 

A party submitting a tender. 


For more information you can visit the Site Safe New Zealand website at 

www.sitesafe.org.nz or contact Site Safe New Zealand, Level 5, Anvil House, 

138-140 Wakefield Street, Wellington, phone (04) 499 2509, fax (04) 499 2508 

or e-mail: comments@sitesafe.org.nz. 


Appendix - Pre-qualification Health and Safety Checklists 

Appendix – Pre-qualification Health and Safety 

Checklists 

Below is an example of some of the questions that might be used when developing a health 

and safety checklist for pre-qualification during the pre-tender stage. This is by no means 

definitive and organisations should only use this as a guide in developing their own 

checklists. 

Response to health and safety information in a pre-qualification checklist will assist in 

the development of a health and safety profile of potential tenderers, helping to evaluate 

their commitment and plans for pro-active health and safety management. This will help 

ensure that only those with an appropriate level of health and safety practice in place are 

short-listed and invited to tender. 

[Note: Where a pre-qualification check list is not used at the pre-tender stage, the 

information will still need to be requested and the questions below considered during the 

tendering stage. It is important to remember though: supporting documentation will also 

need to be provided with the checklist as evidence that health and safety procedures are in 

place and that they are carried out.] 

1. Safety Policy and Management Commitment 

! Do you have a written safety policy? (If yes, please enclose a copy). 

! If the above answer is yes, is the safety policy communicated to employees? 

! Do you have particular people who are responsible for ensuring safety? (Please 

supply organisation chart and staff description). 

! Who is the most senior person coordinating safety matters, and what is their 

experience? (name/experience...) 

2. Procedures 

! Do you have a safety manual? 

! Do you have written working practices and safety instructions? 

! How often are these audited? 

! Do you have procedures for maintaining plant, equipment and vehicles in a safe 

condition? 

! Are employees actively involved in the development of safety procedures? 


3. Hazard Identification 

! Do you have a system to identify hazards during the project? 

! Where hazards are identified, do you have a system to assess significant hazards? 

! Do you have a system for identifying new hazards? 

! Do you have procedures for eliminating significant hazards? 

4. Safety Training 

! Is formal safety training given to employees? 

! What form does it take? 

! Is there an induction/orientation programme for new employees/contractors? 

! Have the personnel who will undertake specific work received formal training in 

all relevant areas? 

5. Safety Records 

! What types of safety records are kept by your organisation? 

- Fatalities? 

- Serious harm? 

- Accidents (including near misses)? 

- Hazards? 

- Material Safety Data Sheets (MSDS)? 

! Please supply your organisation’s safety record for the last five years. 

- Fatalities. 

- Lost days from injury to worker/s. 

- Accidents resulting in environmental damage or pollution 

! Have you or your company received any caution or been prosecuted by an 

enforcement authority (including OSH) in the last 5 years? 

6. Accident Investigation 

! Does your organisation maintain a register for recording injuries and/or cases 

where an employee suffers serious harm? 

! Do you conduct an investigation into any incident that results in harm to an 

employee? 

! Do investigations include remedial action plans to initiate future prevention? 

! Do you advise the following parties of the accidents: 

- The employees? 

- Where relevant, OSH? 

Appendix - Pre-qualification Health Safety Checklists 


Appendix - Pre-qualification Health and Safety Checklists 

7. Safety Awareness 

! Do you have in-house safety meetings? 

! Does your organisation conduct safety inspections? 

! Are all staff involved in safety programmes? 

! Do you have procedures for control of the safety performance of subcontractors? 

! Does your organisation supply personal protective equipment to all employees? 

8. Emergency Procedures 

! Do you have an emergency plan? 

! Does the emergency plan identify responsibilities and procedures to be followed? 

! Have all staff received training in emergency procedures? 

! Have emergency drills been carried out within the last 12 months? 

9. Proposed Safety Management Personnel for this Project 

! Please supply the name, qualifications and experience of the person who you 

propose will be in control of the place of work for this project. 

Name: 

Qualification/Experience: 

! Please supply details of staff who will be engaged on the project, who possess a 

formal safety qualification, and state the qualification. 

Name: 

Tender Title: 

Name Completed by: 

Position: 

Company: 

Contact Details: 

Date: 

Qualification: 

Signed: 


Become a Site Safe Member 

You can become a member of Site Safe simply by filling in the form on the opposite page 

and either faxing or posting it with your payment to: 

Site Safe New Zealand 

Level 5, Anvil House 

138-140 Wakefield Street 

Wellington 

Ph (04) 499 2509 

Fax (04) 499 2508 

Your membership includes (among other things): 

! Our quarterly newsletter, ‘Toolbox Talk’ with important health and safety information 

and advice 

! Free copies of each of the Site Safe Guidelines — the Construction Safety Management 

Guide, the H&S Guide for the Tendering Process, and the Working at Height Safety Guide 

! Regular mailouts with free copies of many industry magazines and newspapers 

! All Site Safe Products and Services at reduced costs — including significant discounts on 

the Passport, Supervisor Gold Card Safety Training, Height Safety Training and 

Construction Management Course 

! Discounted fee if you use our specialty Consultancy Services 

! Access to our Regional Safety Advisors 

! Access to member-only information and services on www.sitesafe.org.nz 

! A Certificate of Membership 

! Your company name and details on the Site Safe Directory of Membership on our website 

- an excellent marketing tool 

! Site Safe Member stickers for your vehicles 

! Use of the Site Safe Member logo for marketing purposes — in your advertising, on your 

stationery, in your tender documents 

! Promotional posters for your offices, site sheds etc. 

Become a Site Safe Member 

See our website for more details: http://www.sitesafe.org.nz or contact us here at Site Safe.

Health and Safety Guide for the Tendering Process - Site Safe

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