Using contractors? What safety regulators in five countries expect you to check

You can’t contract out of health and safety duties. What regulators in the US, Canada, UK, Australia and New Zealand say, and the documents that record your checks.

In short

In the UK, Australia and New Zealand, regulators say plainly that you can’t hand your health and safety duties to a contractor, and US and Canadian rules reach the business that hires or controls the work too. Each regulator expects you to check a contractor’s competence before work starts and to keep checking while it runs. The documents you collect, such as insurance evidence, licences, safety policies and risk assessments, are the record of those checks, and most of them expire.

Bringing in a contractor doesn’t move your health and safety duties to them. In the UK, Australia and New Zealand the regulators say so in almost the same words, and in the US and Canada the rules reach the business that hires or controls the work as well. Each one expects you to check that a contractor can do the job safely before it starts, and to keep checking while it runs. The documents you collect from contractors are the record of those checks.

This is general information to help you plan contractor checks, not legal advice. Health and safety law differs by country, state and province, and by industry; check the rules that apply where the work is done.

Can you hand safety responsibility to a contractor?

No. Each regulator puts it in its own terms:

What each regulator says about contractors
CountryRegulator and documentWhat it says
United KingdomHSE, Using contractors: a brief guide“Both you and the contractor you use have responsibilities under health and safety law.”
AustraliaSafe Work Australia, WHS duties in a contractual chain“WHS duties are not transferrable” and “cannot be contracted out to another party, such as a subcontractor.”
New ZealandWorkSafe, PCBUs working together“You can’t contract out of health and safety duties.” Businesses must consult, cooperate and coordinate with each other, so far as is reasonably practicable.
United StatesOSHA, Multi-Employer Citation PolicyOn multi-employer worksites, in all industry sectors, “more than one employer may be citable” for a hazard. An employer with control over the site “must exercise reasonable care to prevent and detect violations.”
Canada (Ontario)Ontario’s guide to the Occupational Health and Safety ActAn employer is “a person who employs or contracts for the services of one or more workers”, so contracting for work brings duties of an employer.

Australia’s model work health and safety laws apply in every state and territory except Victoria, which has its own law, according to Safe Work Australia. In Canada, each province and territory has its own act; Ontario is one example.

What do regulators suggest you check before work starts?

The UK’s HSE guide lists questions to ask a contractor you are choosing. They include how the work will be managed and supervised, whether they will use subcontractors and how they check them, their recent health and safety performance, their qualifications and training, and, “if required”, whether they hold employers’ liability compulsory insurance. It notes that a written health and safety policy and written risk assessments are required by law only where five or more people are employed. Its advice is blunt: “Don’t assume someone is competent, check it yourself.”

New Zealand’s WorkSafe describes pre-qualifying contractors, and says “supporting documentation will need to be provided as evidence that good health and safety procedures are in place and are being carried out”. It also says not to choose a contractor on cost alone.

In the US, OSHA’s directive says how closely a controlling employer must check depends partly on how much it knows about the other employer’s “safety history and safety practices”. More frequent checks are normally needed for an employer with a history of non-compliance, and may be needed at the start of a project with an employer you have never worked with.

Which documents record those checks?

The checks become a set of documents you ask for, check and keep. Which ones apply depends on the work, the country and the contract, but most lists draw on these:

Contractor checks and the documents that record them
What you are checkingDocuments you might ask for
They carry the insurance the work and the law requireCertificates of insurance or currency for public or general liability; employers’ liability or workers’ compensation evidence where it applies
They are allowed to do the workTrade or contractor licences, and licences held by the workers who will do high-risk tasks
They manage safetyA health and safety policy, and a management system certificate such as ISO 45001 where they hold one
They have planned this jobRisk assessments and a safe work method statement for the job
Their people are competentQualifications and training records for the tasks involved
They have agreed to your rulesA signed declaration of your contractor or supplier code of conduct

Keep the evidence with the decision. A note of who checked each document, when and what they accepted is what shows, later, that the check happened.

Why isn’t checking once enough?

Because both the work and the documents change. WorkSafe New Zealand lists monitoring as part of the duty to consult, cooperate and coordinate, including regular meetings, inspections and responding to incidents, and a review when the contract ends. OSHA ties how often a controlling employer must inspect to the scale and pace of the work and what it knows about the contractor.

Documents expire too. Australian Defence guidance notes that most insurances renew annually, licences and certificates carry their own expiry dates, and a risk assessment written for one job may not fit the next. A contractor who was fully checked at the start can be working on lapsed insurance a few months later if nobody asks for the renewal.

A checklist before a contractor starts

  • Write down the job and its risks, and share them with the contractors you are considering.
  • Ask how they will manage the work, whether they will use subcontractors and how they check them.
  • Collect insurance evidence for each cover the job needs, and check who is insured, the cover, the limits and the dates.
  • Check licences for the trade and for the workers doing licensed tasks.
  • Ask for their health and safety policy, and the risk assessments and method statement for this job.
  • Agree who manages which risk on a shared site, and record it.
  • Record who checked each document and when, and plan to ask for each renewal before its expiry date.

How does Vendarity help?

Vendarity collects and tracks the documents. You set the requirements your contractors must meet, and category rules can assign them to every supplier in a category. Each contractor uploads through a private link, without an account; every file is scanned for malware; and a reviewer checks it and accepts it, with any minimum insurance limits and wording you need, such as an additional insured, recorded as part of the review. You then see what is missing, waiting for review or expiring, and a full history of who decided what.

It doesn’t judge a contractor’s safety competence, verify a licence with the body that issued it, or decide which documents the law requires. Those stay with your team, and Vendarity keeps the record of what they checked. See how it works.

Sources

  1. Using contractors: a brief guide (INDG368, revised June 2012) · Health and Safety Executive (UK)
  2. Fact sheet: WHS duties in a contractual chain (March 2022) · Safe Work Australia
  3. Model WHS laws · Safe Work Australia
  4. PCBUs working together: advice when contracting (updated 8 October 2019) · WorkSafe New Zealand
  5. CPL 02-00-124: Multi-Employer Citation Policy (effective 10 December 1999) · Occupational Safety and Health Administration (US)
  6. Guide to the Occupational Health and Safety Act: about the Act (updated 24 March 2025) · Government of Ontario
  7. Guidance note: insurance certificates of currency · Australian Government Department of Defence
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