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CONTRACTOR MANAGEMENT
SYSTEMS
Endorsed by:
Endorsement
This Guideline was developed by industry on behalf of industry. Enform gratefully acknowledges
the support of the endorsing organizations in the development of the Guideline on Contractor
Management Systems:
CAGC Canadian Association of Geophysical Contractors
CAODC Canadian Association of Oilwell Drilling Contractors
CAPP Canadian Association of Petroleum Producers
CEPA Canadian Energy Pipeline Association
PSAC Petroleum Services Association of Canada
SEPAC Small Exporters and Producers Association of Canada
Acknowledgement
The industry gratefully acknowledges the many individuals who volunteered their time and effort
to complete this document, including the CAPP Contractor Management Task Group, who
trusted Enform to complete this project.
Disclaimer
This document is intended to be flexible in application and provide guidance to users rather than
act as a prescriptive solution. Recognizing that one solution is not appropriate for all users and
situations, it presents generally-accepted guidelines that apply to all industry situations, as well
as recommended practices that may suit a company’s particular needs. The Guideline is
designed to provide a useful starting point for those seeking to establish a contractor
management system.
While we believe that the information contained herein is reliable under the conditions and
subject to the limitations set out, Enform does not guarantee its accuracy. The use of this
Guideline or any information contained will be at the user’s sole risk, regardless of any fault or
negligence of Enform and the participating industry associations.
Contents
Overview ............................................................................................................... 1
Figure 1: Contractor Management System ..............................................................3
1 Step One: Define Scope of Work ................................................................... 4
1.1 Objective ......................................................................................................4
1.2 Why this is Important...................................................................................4
1.3 Key Step .......................................................................................................5
1.4 Guideline for Completing Key Step ............................................................5
1.5 Action Work Sheet to Develop a Scope of Work ........................................6
2 Step Two: Establish Contractor Expectations................................................. 7
2.1 Objective ......................................................................................................7
2.2 Why this is Important...................................................................................7
2.3 Key Steps .....................................................................................................8
2.4 Guidelines for Completing Key Steps .........................................................8
Figure 2: Framework for Assessing Legal Responsibilities ....................................8
2.5 Actions to Define Contractor Expectation .................................................12
3 Step Three: Conduct Contractor Pre-Qualification and Selection................. 13
3.1 Objective ....................................................................................................13
3.2 Why this is Important.................................................................................13
3.3 Key Steps ...................................................................................................14
3.4 Guidelines for Completing Key Steps .......................................................14
3.5 Actions for Contractor Pre-qualification and Selection .............................16
4 Step Four: Choose and Develop the Appropriate Agreement ...................... 17
4.1 Objective ....................................................................................................17
4.2 Why this is Important.................................................................................18
4.3 Key Steps ...................................................................................................18
4.4 Guidelines for Completing Key Steps .......................................................18
Table 1: Types of Agreements ...............................................................................19
4.5 Actions to Implement an Appropriate Agreement .....................................24
5 Step Five: Manage the Contractor ................................................................ 25
5.1 Objective ....................................................................................................25
5.2 Why this is Important.................................................................................25
5.3 Key Steps ...................................................................................................26
5.4 Guidelines for Completing Key Steps .......................................................26
5.5 Actions to Manage Contractors .................................................................30
6 Step Six Keep Records and Exercise Due Diligence ................................... 31
6.1 Objective ....................................................................................................31
6.2 Why this is Important.................................................................................31
6.3 Key Steps ...................................................................................................32
6.4 Guidelines for Completing Key Steps .......................................................32
6.5 Actions to Prove Exercise of Due Diligence .............................................33
7 Appendix 1: List of Tools to Assist in Implementation .................................. 34
7.1 Step 1: Scope of Work ...............................................................................34
7.2 Step 2: Establishing Contractor Expectations ............................................34
7.3 Step 3: Conducting Contractor Pre-Qualification and Selection ...............34
7.4 Step 4: Choosing and Developing the Appropriate Agreement .................34
7.5 Step 5: Managing Contractors ...................................................................35
7.6 Step 6: Keeping Records and Exercising Due Diligence ...........................35
Appendix 2: Definitions ....................................................................................... 36
7.7 Table 2: Legal Definitions .........................................................................36
7.8 Other Definitions .......................................................................................40
8 Appendix 3: Further Reading........................................................................ 41
Overview
Many companies hire other companies to perform services for them; even a small
company may hire an accountant to file the annual tax return. In many cases, a
company hires a contractor or service provider to perform a service that the company
does not have the expertise or resources to perform. In those situations, the contractor
or service provider hired is assuming the risks associated with the service. However;
simply hiring a contractor to perform a service does not absolve the hiring company of
the obligations to provide a healthy and safe place of work.
The contractor management system begins with defining the scope of work that a
contractor or service provider will undertake. The second step establishes the
expectations that the hiring company has of the contractor or service provider. The third
step allows for potential contractors or service providers to submit information that a
hiring company can review. A hiring company can then use the information provided to
select and qualify the contractor or service provider best suited to perform the work.
Note: The terms “contractor” and “service provider” are used throughout this Guideline.
For the purposes of this Guideline, steps, actions and responsibilities identified for the
“contractor” may also be applied to a “service provider,” where relevant.
1.1 Objective
The objective of this section is to provide guidance on defining the scope of work to be
performed. It will also lay the groundwork for understanding the required qualifications
and capabilities of the contractor or service provider who might be engaged to perform
the work.
1.2 Why this is Important
A scope of work definition provides a clear understanding of the work to be performed. It
also provides the basis to select and qualify the most appropriate contractor or service
provider, have effective communications, and form a basis for due diligence.
Time frame
Cost estimate
Level of risk
The information gathered to determine the scope of work will be used in the next step
when the hiring company refines the contractor or service provider expectations for the
specific work or project.
2.1 Objective
The objective of this section is to provide guidance on defining the expectations the
hiring company has regarding potential contractors or service providers. This will help
establish the requirements that are discussed during the pre-qualification and selection
process. It will also help define the content of contracts and agreements that are
developed.
2.2 Why this is Important
Defining the expectations a hiring company has of potential contractors or service
providers is important because it helps to clearly identify the qualifications and
capabilities they need to bring to the job. Having this information will facilitate the
process of contractor or service provider pre-qualification and selection. Additionally,
clearly defining the roles and responsibilities assigned to the contractor or service
provider will allow a hiring company to describe and communicate those respective
responsibilities in the contract to the contractor or service provider hired to do the work.
Supervision
Procedures
Equipment
Manpower
Emergency response plans
Supplies
Training
Quality control
Reporting requirements
Company orientation
Requirement of compliance with known industry recommended practices
Supervisor competency and training
Safety training certifications (e.g. H2S Alive, First Aid, Workplace Hazardous
Materials Information System, Transportation of Dangerous Goods)
Trade-specific training and certification (e.g. journeyman apprentice)
Special certifications (e.g. scaffolding, welding, quality control certification)
Task-specific training (e.g. confined space entry, fall protection, B.C. tree fellers)
3.1 Objective
The objective of this section is to assess a potential contractor or service provider
against a variety of criteria during the pre-qualification and selection process to ensure
that they can meet the hiring company’s standards for performance (e.g. expertise, job
quality, availability, risk assessment, audits, and references). This will provide a clear
understanding of a potential contractor’s capabilities and past performance.
3.2 Why this is Important
Conducting pre-qualification for performance criteria prior to the bidding process ensures
that workers are protected by selecting only those contractors who meet acceptable
standards. The information drawn from the results of the questionnaires, the scores
from evaluations of technical capabilities, and bid price provide an overall measure of the
contractor or service provider involved in the selection process. The most important
criteria to measure are the quality of the contractor's management systems and the
contractor's knowledge in managing potential risks involved in the work. This is an
important component in fulfilling the due diligence requirements in the federal and
provincial legislation.
Evidence that the contractor or service provider has the appropriate personnel and
resources available to complete the proposed work within the timeframe
established by your company
Information on how the contractor or service provider typically addresses the
assessment and management of risk. The response should include information on
identifying, prioritizing and managing risks especially those types of risk inherent to
the work under consideration
4.1 Objective
The objective of this section is to provide guidance on choosing the most appropriate
contract, agreement, or relationship for working with the selected contractor or service
provider. This step will assist the hiring company in developing the most appropriate
approach to creating legally binding expectations. There are many ways to capture the
expectations for contractor or service provider performance. Each hiring company should
determine what is appropriate for its own operations.
This section also provides guidance for developing a requirements section of the
agreement that outlines the hiring company’s expectations of the contractor or service
provider.
Simple Request for In this case, there is no Fast and easy Terms and
Service written agreement and the to implement conditions not
contract is based on clearly stated
verbal commitments to
May be difficult to
undertake the work. This
enforce legally
is obviously the easiest
type of agreement to
implement, but also offers
the least protection to
both the operating
company and to the
contractor. An example of
this type of agreement is
an emergency request for
services when time is at a
premium.
A requirement to comply with occupational health and safety laws and industry
standards – spell out whose safety policies will be followed for the work
being done (hiring company or contractor)
Every employer and service provider has the responsibility to ensure the health
and safety of workers present on the work site
A requirement to have the hiring company’s permission prior to the hiring of
subcontractors
A contractor or service provider must ensure all of their employees are aware
of their responsibilities according to applicable jurisdiction
A requirement for the contractor or service provider to indemnify (reimburse)
the hiring company for any and all costs related to a safety violation caused
by the contractor or service provider
A requirement to cooperate in the event of an incident
Responsibilities related to multi-employer or multi-contractor scenarios on the
work sites
5.1 Objective
The objective of this section is to provide guidance for hiring company representatives
interacting with contractors and service providers on work sites. This section covers
everything from initial on-site orientations and monitoring contractor or service provider
performance to taking steps for improving performance. Consider the following actions
based on the complexity of the contract.
5.2 Why this is Important
This is probably the most important part of contractor management, because this is the
point where a hiring company’s expectations and the contractor or service provider’s
ability to meet those expectations become reality. It is important to work with the
contractor or service provider to ensure that expectations are met. This includes
everything from conducting facility and site orientations, to monitoring performance, to
performance reviews. If all steps are carried out effectively, the contractor or service
provider will be more likely to meet or exceed expectations. It is very important to provide
mechanisms for two-way communication between the hiring company and the contractor
or service provider.
Advise all contractors and service providers that they must participate in a site-
specific orientation session that includes job scope and hazard identification
prior to commencing work at the job site
Ensure that the orientation contains:
Develop schedules for conducting inspections and review the schedule with the
contractor or service providers
Clearly define the inspection criteria that will be used during inspections
Ensure that inspectors are competent
Use a checklist to ensure consistency from inspection to inspection
Ensure that all inspections are clearly documented
Develop a process to stop work and take action to deal with hazardous non-
compliance issues (e.g. unsafe behaviours, unsafe practices, unsafe
equipment, situations hazardous to health or safety)
Do not authorize a return to work until the high-hazard issues have been
corrected
Include a process to take action when contractor non-compliance issues are
identified
Ensure that the contractor or service provider immediately develops and
submits a plan for dealing with non-compliance issues
Discuss the plan for correcting non-compliance issues
Ad hoc inspections
Observations
Hazard identification
Project status meetings
Unscheduled inspections
Quality control checks
Enforcement activities
6.1 Objective
The objective of this section is to provide guidance on the long-term management of
contractor or service provider performance, to stress the importance of developing a
record keeping process and to exercise due diligence.
6.2 Why this is Important
Developing a record keeping process and maintaining records over time is an important
step in exercising due diligence and remaining compliant with regulatory requirements.
Furthermore, by keeping accurate records of contractor or service provider performance
and feeding that information into a hiring company’s contractor management system
supports the process of continuous improvement. As data on specific contractors or
service providers increases, managers will actively use it to improve the processes of
contractor or service provider selection and performance management.
Instructions for MSSA
Master Service and Supply Agreement (MSSA)
Safe Work Agreement
British Columbia "owner" includes s.1 "employer" includes every person "supplier" means a person
(a) a trustee, receiver, mortgagee in having in their service under a contract of who manufactures,
Additional definitions
possession, tenant, lessee, licensee or hiring or apprenticeship, written or oral, supplies, sells, leases,
can be found in the
occupier of any lands or premises used or express or implied, a person engaged in distributes, erects or installs
BCOHSR that may
to be used as a workplace, and work in or about an industry. (a) any tool, equipment,
affect entities,
depending on the (b) a person who acts for or on behalf of s.106 "employer" means machine, device, or
nature of their an owner as an agent or delegate. (a) an employer as defined in section 1, (b) any biological,
operations. We have chemical or physical
BCWCA s. 106 (b) a person who is deemed to be an
analyzed the BCWCA agent
and part 23, "oil and There are definitions for "owners" found in employer under Part 1 of the regulations
parts of the BCOHSR, other than Part 23, to be used by a worker.
gas" of the BCOHSR. under that Part, and
Oil and Gas, which we have not analyzed. BCWCA s. 106
(c) the owner and the master of a fishing
vessel for which there is crew to whom
Part 1 applies as if the crew were workers,
but does not include a person exempted
from the application of this Part by order of
the Board.
BCWCA ss. 1, 106
Alberta "owner" in respect of a work site means "employer" means "supplier" means a person
the person in legal possession of the work (i) a person who is self-employed in an who rents, leases, erects,
site or, if the person in legal possession occupation, installs or provides any
does not request the work, the person with tools, appliances or
an ownership interest in the work site who (ii) a person who employs one or more equipment or who sells or
requests that the work be done. workers, otherwise provides any
ABOHSA s. 1(v) (iii) a person designated by an employer designated substance or
as the employer's representative, or hazardous material to be
(iv) a director or officer of a corporation used by a worker in respect
who oversees the occupational health and of any occupation, project
safety of the workers employed by the or work site.
corporation. ABOHSA s. 1(aa)
ABOHSA s. 1(k)
Saskatchewan "owner" includes: "employer" means subject to section 3-29, a "supplier" means, unless
(i) a trustee, receiver, mortgagee in person, firm, association or body that has, otherwise stated, a person
possession, tenant, lessee or occupier of in connection with the operation of a place who supplies, sells, offers
any lands or premises used or to be used of employment, one or more workers in the or exposes for sale, leases,
as a place of employment; and service of the person, firm, association or distributes or installs any
body. biological substance or
(ii) any person who acts for or on behalf of chemical substance or any
a person mentioned in subclause (i) as SEA, s. 3-1(1)(j)
plant to be used at a place
that person's agent or delegate. of employment.
SEA, s. 3-1(1)(t) SEA, s. 3-1(1)(ee)
WORKER
Directive: Mandatory requirements and/or rules established by a high level regulatory body, designed
to ensure compliance with an applicable policy (or policies).
Procedure: A written, approved specification for execution of some activity - often composed of
steps, using established methods or forms - designed to achieve a uniform approach to compliance
with applicable policies or directives.
Practice: Local (directorate, divisional, departmental) adaptation for carrying out directives and
procedures.
Process: A process is a series of inter-related activities that result in an outcome. Several procedures
reflect a process.
Work Instruction: Work Instructions are step-by-step instructions for the accomplishment of a task
by one person and are retained in the department or unit where the work is performed. Work
Instructions are often referred to as Desk Procedures, Task Outlines or SOPs (Standard Operating
Procedures).
Alberta Occupational Health and Safety: Act, Regulation and Code. (2009) Edmonton:
Alberta Queens Printer.
American Petroleum Institute (2007). Contractor Safety Management for Oil and Gas
Drilling and Production Operations Recommended Practice 76 2 nd ed. Washington DC:
API.
British Columbia Workers Compensation Act, R.S.B.C. (1996) c492. Victoria: Queens
Printer.
British Columbia Occupational Health and Safety Regulation (2007). BCR 320/2007.
Victoria: Queens Printer.
Enform (2015). Crossing Borders: Is your company compliant with OH&S legislation in
British Columbia, Alberta, Saskatchewan and Manitoba? Calgary: Alberta.
International Association of Oil and Gas Producers (2005). Land Transportation Safety
Recommended Practice. London: OGP.
International Association of Oil and Gas Producers (1994). Guidelines for the
Development and Application of Health, Safety, and Environmental Management
Systems. London: OGP.
International Association of Oil and Gas Producers (1993). Guidelines on Permit to Work
(P.T.W.) Systems. London: OGP.
International Association of Oil and Gas Producers (1990). Checklist for an Audit of
Safety Management. London: OGP.
Institute of Occupational Safety and Health (2003). Systems in Focus. Wigston: IOSH.
Institute of Occupational Safety and Health (2002). Global Best Practices in Contractor
Safety. Wigston: IOSH.
The Oil Industry International Exploration and Production Forum (E&P Forum) (1999)
HSE Management – Guidelines for Working Together in a Contract Environment.
London: OGP.