Common use of Work Health and Safety Clause in Contracts

Work Health and Safety. 11.4.1 The Commonwealth and the Contractor: shall, where applicable, comply with, and the Contractor shall ensure that all Subcontractors comply with, the obligation under the WHS Legislation to, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with the Commonwealth, the Contractor or the Subcontractors (as the case may be) and any other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has a work health and safety duty under the WHS Legislation in relation to the same matter; and acknowledge that they have a duty under the WHS Legislation to ensure, so far as is reasonably practicable, the health and safety of: Commonwealth Personnel; Contractor personnel and Subcontractor personnel; and other persons, in connection with the Supplies or work performed under the Contract. 11.4.2 Without limiting the application of the WHS Legislation, the Contractor acknowledges that to the extent that any Commonwealth Personnel: are located on the Contractor's or Subcontractor's premises in relation to the Contract; and whose activities in carrying out work in relation to the Contract are influenced or directed by the Contractor, such Commonwealth Personnel will be taken to be workers for the purposes of the applicable WHS Legislation. 11.4.3 The Contractor represents and warrants that: it has given careful, prudent and comprehensive consideration to the work health and safety implications of the work to be performed by it under the Contract; and the proposed method of performance of that work complies with, and includes a system for identifying and managing work health and safety risks which complies with all applicable legislation relating to work health and safety including the applicable WHS Legislation. 11.4.4 The Contractor shall: provide the Supplies in such a way that the Commonwealth and Commonwealth Personnel are able to undertake any roles or obligations in connection with the Supplies (such as in relation to testing or auditing); and ensure that the Commonwealth and Commonwealth Personnel are able to make full use of the Supplies for the purposes for which they are intended, and to maintain, support and develop them, without the Commonwealth or Commonwealth Personnel contravening any legislation relating to work health and safety including the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in the Contract.

Work Health and Safety. 11.4.1 The Commonwealth and Contractor acknowledges that the Principal is relying on the Contractor’s skill and experience in the Works to perform the Contract safely and in accordance with the WHS Requirements. The Contractor must ensure that the Contractor’s Personnel: shallare competent and have the necessary skills, where applicablequalifications, licences and experience to perform their work safely; understand and will comply withwith the WHS Requirements when providing the Works. The Contractor must ensure it has adequate oversight of the Contractor’s Personnel to monitor if they are working safely and in accordance with the WHS Requirements when providing the Works. The Contractor warrants that it: has, or will within 30 days of the date of this Contract develop, a health and safety management plan specific to the provision of the Works (HSMP) that complies with WHS Requirements; will maintain and update the HSMP to ensure it is, and remains, fit for purpose over the life of the Contract; and will ensure WHS when providing the Works is managed in accordance with the HSMP and WHS Requirements. The Contractor must notify the Principal of: each Notifiable WHS Incident; and/or any investigation or enforcement action taken by a WHS Regulator or other third-party, including the issue of any improvement, prohibition or any other statutory notice related to WHS; and/or proceedings under WHS Legislation. The Contractor must give the Principal a copy of any notification sent to a WHS Regulator or other third party because of a Notifiable WHS Incident within 24 hours of sending the notification to the WHS Regulator. If requested by the Principal, the Contractor must give the Principal a copy of: all documents the Contractor is required to provide to a WHS Regulator or other third party in relation to a Notifiable WHS Incident or any enforcement action taken by a WHS Regulator or other third party; all documents a WHS Regulator or other third party sends to the Contractor in relation to a Notifiable WHS Incident or any enforcement action taken by a WHS Regulator or other third party; and any other document in relation to a Notifiable WHS Incident or any enforcement action taken by a WHS Regulator or other third party. The Principal may, but is not required to: investigate any Notiifable WHS Incident; and/or participate in an investigation of a Notifiable WHS Incident conducted by the Contractor. The Contractor must cooperate with the Principal and help facilitate the Principal’s investigation, if the Principal chooses to independently investigate any Notifiable WHS Incident. This includes but is not limited to, providing the Principal with full access to conduct the investigation, including access to any premises, plant, equipment or records. The Principal may, but is not required to, request the Contractor to provide evidence that the Contractor is complying with its WHS obligations, and to assist the Principal to comply with its WHS obligations, including: providing the Principal with a copy of the HSMP, or any WHS plan, procedure, incident report, Safe Work Method Statement, investigation or other document, data or report; and allowing the Principal to audit the Works; and providing, at the Contractor’s expense, an independent audit or review of WHS management in relation to the Works. The Principal may, but is not required to, give directions to the Contractor about WHS matters, including a direction to stop providing the Works if the Principal reasonably believes the provision of the Works is unsafe or in breach of the WHS Requirements, and the Contractor shall ensure that all Subcontractors comply with, the obligation under the WHS Legislation to, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with the Commonwealth, the Contractor or the Subcontractors (as the case may be) and any other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has a work health and safety duty under the WHS Legislation in relation to the same matter; and acknowledge that they have a duty under the WHS Legislation to ensure, so far as is reasonably practicable, the health and safety of: Commonwealth Personnel; Contractor personnel and Subcontractor personnel; and other persons, in connection with the Supplies or work performed under the Contract. 11.4.2 Without limiting the application of the WHS Legislation, the Contractor acknowledges that to the extent that any Commonwealth Personnel: are located on the Contractor's or Subcontractor's premises in relation to the Contract; and whose activities in carrying out work in relation to the Contract are influenced or directed by the Contractor, such Commonwealth ’s Personnel will be taken to be workers for the purposes of the applicable WHS Legislationmust comply with those directions. 11.4.3 The Contractor represents and warrants that: it has given careful, prudent and comprehensive consideration to the work health and safety implications of the work to be performed by it under the Contract; and the proposed method of performance of that work complies with, and includes a system for identifying and managing work health and safety risks which complies with all applicable legislation relating to work health and safety including the applicable WHS Legislation. 11.4.4 The Contractor shall: provide the Supplies in such a way that the Commonwealth and Commonwealth Personnel are able to undertake any roles or obligations in connection with the Supplies (such as in relation to testing or auditing); and ensure that the Commonwealth and Commonwealth Personnel are able to make full use of the Supplies for the purposes for which they are intended, and to maintain, support and develop them, without the Commonwealth or Commonwealth Personnel contravening any legislation relating to work health and safety including the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in the Contract.

Work Health and Safety. 11.4.1 2.1. The Commonwealth Supplier must: a. supply the Goods and Services in a safe manner; b. at all times whilst on the Contractor: shallSite, where applicablethe Supplier must identify all risks and hazards, exercise all necessary precautions and take all reasonably practicable steps to eliminate or reduce hazards or risks to health and safety of any person arising from the provision of the Goods and Services; c. comply with, and the Contractor shall must ensure that all Subcontractors its Personnel and subcontractors engaged on any Site comply with, the obligation under the WHS Legislation toany applicable Legislation, so far as is reasonably practicableall reasonable directions of HWC or its Personnel in regards to conduct, consultbehaviour, co-operate and co-ordinate activities with the Commonwealth, the Contractor or the Subcontractors (as the case may be) and any other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has a work health and safety duty under the WHS Legislation in relation and security; d. at all times, comply with HWC’s Fatal Risk Standards; e. at all times, comply with HWC’s Supplier User Guide – Work Health and Safety Requirements, available at xxxxx://xxx.xxxxxxxxxxx.xxx.xx/Xxxxx-Xx/Xxxxxxx.xxxx f. promptly report all accidents, injuries and incidents, including near miss incidents, to the same matter; HWC and acknowledge that they have a duty under the WHS Legislation to ensure, so far as is reasonably practicable, the health and safety of: Commonwealth Personnel; Contractor personnel and Subcontractor personnel; and other persons, must fully cooperate with HWC in connection with any investigation following an accident, injury or incident; g. cause all of its Personnel and subcontractors to complete such safety or other training or induction requirements as HWC directs; h. if directed by HWC, ensure that each of its Personnel and subcontractors engaged on any Site are registered on HWC’s contractor management system (which the Supplies or work performed under Supplier is responsible for at its own expense); and i. prior to bringing any hazardous substance onto a Site, the Contract. 11.4.2 Without limiting Supplier must ensure that HWC has approved the application entry and use of the WHS Legislationhazardous substance, and must ensure: 1) full details of the Contractor acknowledges that authorised substances incorporated into the Goods, including the location and protective measures adopted, are provided to Hunter Water in the extent that any Commonwealth Personnel: format of a material safety data sheet in accordance with NOHSC 2011 (2003) National Code of Practice for the Preparation of Material Safety Data Sheets 2nd Edition; 2) all documentation supporting the Goods clearly identifies the nature of the hazard; and 3) all Goods containing the authorised substance are located on labelled to clearly identify the Contractor's or Subcontractor's premises in relation nature of the substance and its associated hazards; 4) provide to the Contract; and whose activities in carrying out HWC evidence of a safe system of work in relation to the Contract are influenced or directed by the Contractor, such Commonwealth Personnel will be taken to be workers for the purposes of the accordance with any applicable WHS Legislation. 11.4.3 The Contractor represents and warrants that: it has given careful2.2. Where the Supplier, prudent and comprehensive consideration or the manufacturer or distributor of a Good, issues a hazard or safety alert or notice (“Safety Notice”) or orders a product recall in respect of any Good (or part thereof) specified in this Contract or supplied to the work health and safety implications of the work to be performed by it under the Contract; and the proposed method of performance of that work complies with, and includes a system for identifying and managing work health and safety risks which complies with all applicable legislation relating to work health and safety including the applicable WHS Legislation. 11.4.4 The Contractor shall: provide the Supplies in such a way that the Commonwealth and Commonwealth Personnel are able to undertake any roles or obligations HWC in connection with this Contract, the Supplies (such as Supplier must: a. promptly notify HWC in relation to testing or auditing); and ensure that the Commonwealth and Commonwealth Personnel are able to make full use writing of the Supplies for Safety Notice or recall together with the purposes for which they are intended, and circumstances giving rise to maintain, support and develop them, without the Commonwealth Safety Notice or Commonwealth Personnel contravening any legislation recall; b. comply with all laws relating to work health the Safety Notice or recall; c. promptly comply with any direction by HWC in regards to the removal of the Goods from any locations nominated by HWC, in which case the Supplier shall either: 1) provide HWC with a complete refund for those recalled Goods; or 2) replace the Goods at no additional cost to HWC with Goods that are not subject to a Safety Notice or recall; and 3) indemnify and safety including the applicable WHS Legislationkeep HWC indemnified against, any applicable standards relating to work health loss, damages, costs, expenses (including without limitation legal costs and safety expenses), claims or proceedings suffered or incurred by HWC as a result of the Safety Notice or recall. 2.3. Clause 2.2 survives the expiry or termination of this Contract for any policy relating to work health and safety identified in the Contractreason whatsoever.

Work Health and Safety. 11.4.1 Dispute Resolution The Commonwealth parties agree to use reasonable efforts to resolve by negotiation any dispute that arises among them. A party will not terminate this Deed until management representatives of each of the parties have endeavoured in good faith to agree upon a resolution of the dispute. Despite the existence of a dispute, both parties must continue to perform their respective obligations under this Deed. The parties acknowledge and agree that nothing in clauses 28.1 and 28.2 prevents the ContractorCEWH from exercising its rights under clause 24.2. Governance structure and practices XXX agrees that it will: shallact with due care and diligence; act in good faith and for a proper purpose for the Term of this Deed; not misuse its positions for its advantage at the detriment to the CEWH; and disclose interests, where applicable, comply withincluding conflicts of interest, and the Contractor shall ensure any third parties that all Subcontractors comply with, the obligation under the WHS Legislation to, so far as is reasonably practicable, consult, co-operate and co-ordinate activities are associated with the Commonwealth, the Contractor or the Subcontractors (as the case may be) arrangements and any other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has a work health its performance of this Deed. Work Health and safety duty under the WHS Legislation in relation to the same matter; and Safety The parties acknowledge that they have a duty obligations under the WHS Legislation to ensure, so far as is reasonably practicable, the workplace health and safety ofLaws that they need to comply with. XXX agrees to: Commonwealth Personnelprovide safe work premises; Contractor personnel assess risks and Subcontractor personnelimplement appropriate measures for controlling them; ensure safe use and handling of goods and substances; provide and maintain safe machinery and materials (if applicable); assess workplace layout and provide safe systems of work; and other persons, in connection with the Supplies or work performed under the Contract. 11.4.2 Without limiting the application of the WHS Legislation, the Contractor acknowledges that to the extent that any Commonwealth Personnel: are located on the Contractor's or Subcontractor's premises in relation to the Contract; provide a suitable working environment and whose activities in carrying out work in relation to the Contract are influenced or directed by the Contractor, such Commonwealth Personnel will be taken to be workers for the purposes of the applicable WHS Legislation. 11.4.3 The Contractor represents and warrants that: it has given careful, prudent and comprehensive consideration to the work facilities. ALT must have a workplace health and safety implications of policy which complies with applicable legislative standards and aligns with the work to be performed by it under the Contract; and the proposed method of performance of that work complies withCEWH’s workplace, and includes a system for identifying and managing work health and safety risks which complies with all applicable legislation relating to work policies. ALT must promptly provide a copy of its current workplace health and safety policy to the CEWH upon a request from the CEWH. XXX’s workplace health and safety policy must include a framework for the notification, reporting and investigation of workplace health and safety incidents, and must promptly provide such incident notification and/or reports to the CEWH upon a request by the CEWH. Intellectual Property Rights Clause 31 does not affect the ownership of the Intellectual Property Rights in any Pre-existing Material of either party. ALT retains ownership of the Intellectual Property Rights in any Material which is generated by ALT under this Deed. ALT grants to the CEWH, a perpetual, irrevocable, world-wide, royalty free, non-exclusive licence (including the applicable WHS Legislation. 11.4.4 The Contractor shall: provide right to novate or assign the Supplies in such a way that the Commonwealth and Commonwealth Personnel are able to undertake any roles or obligations in connection with the Supplies (such as in relation to testing or auditing); and ensure that the Commonwealth and Commonwealth Personnel are able to make full use of the Supplies for the purposes for which they are intendedlicence, and to maintainsublicense) to use, support reproduce, adapt, modify and develop them, without communicate the Commonwealth Material or Commonwealth Personnel contravening any legislation relating the Pre-existing Material of ALT in order for CEWH to work health and safety including obtain the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in full benefit of the ContractDeed.

Work Health and Safety. 11.4.1 The Commonwealth (a) We are committed to achieving outstanding performance in relation to health and safety and making every effort to ensure safety and maintain a workplace free of accidents, injuries and risks to health and safety. (b) In this clause 10.9, the terms "principal contractor", "workplace" and "construction project" have the same meanings assigned to those terms under the Work Health and Safety Xxx 0000 (NSW) (in this clause, the Act) and the Work Health and Safety Regulation 2011 (NSW) (in this clause, the Regulation). (c) For the purpose of the WHS Legislation and this Agreement, the Works and any Other Contractor Work is taken to be part of the same 'construction project'. (d) Without limiting our obligations under any other provision of this Agreement, we agree as follows: (i) TfNSW: A. engages the NOP specified in the Agreement Particulars (the "Principal Contractor: shall, where applicable, comply with, ") as the principal contractor in respect of the Alliance Activities and (except to the extent that the Principal's Representative directs otherwise in writing) all Other Contractor Work; and B. authorises the Principal Contractor to have management and control of each workplace at which the Alliance Activities and the Other Contractor shall Work are to be carried out and to discharge the duties of a principal contractor under the WHS Legislation; (ii) the Principal Contractor: A. accepts the engagement and agrees to discharge the duties imposed on a principal contractor by the WHS Legislation; B. must ensure that all Subcontractors comply with, the obligation with their respective obligations under the WHS Legislation to, so far Act and the Regulation; C. must at all reasonable times provide the other Participants with access to such records as is reasonably practicable, consult, co-operate and co-ordinate activities with may be necessary to establish the Commonwealth, the Contractor or the Subcontractors (as the case may be) and any other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has a work health and safety duty under the WHS Legislation in relation to the same matter; and acknowledge that they have a duty under the WHS Legislation to ensure, so far as is reasonably practicable, the health and safety of: Commonwealth Personnel; Contractor personnel and Subcontractor personnel; and other persons, in connection with the Supplies or work performed under the Contract. 11.4.2 Without limiting the application of the WHS Legislation, the Contractor acknowledges that to the extent that any Commonwealth Personnel: are located on the Principal Contractor's or Subcontractor's premises in relation to the Contract; and whose activities in carrying out work in relation to the Contract are influenced or directed by the Contractor, such Commonwealth Personnel will be taken to be workers for the purposes of the applicable WHS Legislation.compliance with its obligations under this clause; 11.4.3 The Contractor represents and warrants that: it has given careful, prudent and comprehensive consideration to the work health and safety implications of the work to be performed by it under the Contract; and the proposed method of performance of that work complies with, and includes a system for identifying and managing work health and safety risks which complies with all applicable legislation relating to work health and safety including the applicable WHS Legislation. 11.4.4 The Contractor shall: provide the Supplies in such a way that the Commonwealth and Commonwealth Personnel are able to undertake any roles or obligations in connection with the Supplies (such as in relation to testing or auditing); and D. must ensure that the Commonwealth Participants carry out the Alliance Activities in a manner which ensures that the Participants satisfy their obligations under the Act and Commonwealth Personnel are able the Regulation; and E. must immediately inform the other Participants in writing of all incidents involving injury to make full use any person arising during the carrying out of the Supplies for Alliance Activities. (e) Each NOP: (i) acknowledges and agrees that it is accredited under the purposes for which they are intendedOHS Accreditation Scheme; and (ii) must comply with all the requirements of, and to maintainmaintain accreditation under, support and develop them, without the Commonwealth or Commonwealth Personnel contravening any legislation relating to OHS Accreditation Scheme while building work health and safety including (as defined in section 5 of the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in the ContractFair Work (Building Industry) Act 2012 (Cth)) is carried out.

Work Health and Safety. 11.4.1 The Commonwealth and In carrying out the ContractorServices the Service Provider must: shall, where applicable, comply withcomply, and the Contractor shall ensure that any subcontractor, subconsultant comply, with all Subcontractors comply withWHS Legislation, the obligation under the WHS Legislation tocodes of practice, so far as is reasonably practicable, consult, co-operate standards and co-ordinate activities with the Commonwealth, the Contractor or the Subcontractors (as the case may be) policies and any other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has a requirements of this Agreement in respect of work health and safety duty under the WHS Legislation in relation to the same mattersafety; and acknowledge that they have a duty under the WHS Legislation to ensure, ensure so far as is reasonably practicable, the health and safety of: Commonwealth Personnel; Contractor personnel of workers engaged, or caused to be engaged by the Service Provider, and Subcontractor personnel; and other persons, in connection with the Supplies or work performed under the Contract. 11.4.2 Without limiting the application of the WHS Legislation, the Contractor acknowledges that to the extent that any Commonwealth Personnel: are located on the Contractor's or Subcontractor's premises in relation to the Contract; and workers whose activities in carrying out work in relation to the Contract are influenced or directed by the ContractorService Provider, such Commonwealth Personnel will be taken while the workers are at work; ensure so far as is reasonably practicable, that the health and safety of other persons is not put at risk; comply with its duty under the WHS Legislation to be consult with workers who carry out work for the purposes of the applicable WHS Legislation. 11.4.3 The Contractor represents and warrants that: it has given careful, prudent and comprehensive consideration Service Provider (or are likely to the be) directly affected by a work health and safety implications of the work to be performed by it matter; comply with its duty under the Contract; WHS Legislation to consult, cooperate and the proposed method of performance of that work complies with, and includes coordinate activities with all other persons who have a system for identifying and managing work health and safety risks which complies with all applicable legislation relating duty in relation to work the same matter; and allow Tetra Tech International Development or its agents to review, inspect, audit or otherwise observe the Service Provider’s health and safety including systems, work practices and procedures related to the applicable WHS Legislation. 11.4.4 Services at any time, at the Service Provider’s cost, without Tetra Tech International Development incurring any liability or responsibility for such matters. The Contractor shall: provide Service Provider may not make media or other announcements or releases relating to this Agreement without Tetra Tech International Development’s prior written approval except to the Supplies in such a way extent that the Commonwealth announcement or release is required to be made by law. Under the Head Contract between DFAT and Commonwealth Personnel are able Tetra Tech International Development, DFAT has the right of substitution to undertake any roles or obligations in connection with further novate this Agreement to another managing contractor. The Service Provider, by entering into this Agreement for the Supplies (such as in relation to testing or auditing); and ensure that the Commonwealth and Commonwealth Personnel are able to make full use provision of the Supplies Services, acknowledges that this Agreement can be novated and it does not create any contractual relationship between DFAT and the Service Provider. The Service Provider is permitted to subcontract any part of the Services but remains responsible for delivery of the purposes Services. Where the Service Provider subcontracts any part of the Services, the work undertaken by the Service Provider’s Personnel must be performed to the same standards as stated in this Agreement. The Service Provider will not, as a result of any subcontracting arrangement, be relieved from the performance of any obligation under this Agreement and will be liable for which all acts and omissions of any subcontracted Personnel as though they are intended, and were the actions of the Service Provider itself. The Service Provider must not assign or attempt to maintain, support and develop them, assign any rights under this Agreement without the Commonwealth or Commonwealth Personnel contravening any legislation relating to work health and safety including the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in the ContractTetra Tech International Development’s written consent.

Work Health and Safety. 11.4.1 (a) The Commonwealth Supplier warrants that it will comply with all work health and safety laws applicable to the provision of goods and services including the Work Health and Safety Act 2011 (NSW) (WHS Act) and the Contractor: shall, where applicable, Work Health and Safety Regulation 2017 (NSW) (WHS Regulation). (b) The Supplier will comply with and ensure that all its contractors engaged in provision of the goods or services comply with, all work health and safety laws applicable or relevant to the Contractor shall ensure that all Subcontractors provision of goods and services. The Supplier must, on reasonable request by or on behalf of Schindler, and in a timely manner, demonstrate compliance with those requirements including providing evidence of measures taken to achieve such compliance. (c) The Supplier will provide and maintain an appropriate system of work to manage risks to health and safety in accordance with Part 3.1 of the WHS Regulation. (d) The Supplier must comply with, the with its obligation under the WHS Legislation to, so far as is reasonably practicable, work health and safety laws to consult, co-co- operate and co-ordinate activities with the Commonwealth, the Contractor or the Subcontractors (as the case may be) and any all other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has persons who have a work health and safety duty under the WHS Legislation in relation to the same matter. (e) To the extent that the provision of the goods or services relates to the removal of asbestos, the Supplier will ensure, at its cost, that health monitoring is undertaken of Personnel involved in the provision of the goods or services in accordance with the WHS Regulation. (f) Where the Supplier is performing work on sites which are not Schindler premises, the Supplier must: (i) co-operate with Schindler in order to maintain consistent safety practices on the Site; and (ii) co-operate with Schindler to enable Schindler to comply with its obligations under all work health and acknowledge safety laws applicable or relevant to the goods and services. (g) Where the Supplier is performing work on sites that they have a duty are not Schindler premises, the Supplier must ensure that any incident that occurs in relation to the provision of the goods or services which is notifiable under the WHS Legislation Act is notified to ensurethe relevant authorities. (h) Where the Supplier is performing work on Schindler premises, so far the Supplier must, prior to the commencement of the provision of the goods and services, undertake an assessment of the risks associated with the provision of the goods and services and identify and implement appropriate measures to control all such risks. The Supplier must provide details of the risk assessment and evidence of implementation of adequate risk control measures to Schindler or any other relevant contractor on and in accordance with any reasonable request by or on behalf of Schindler in a timely manner. (i) Where the Supplier is performing work on Schindler premises, the Supplier must promptly notify Schindler of, and assist Schindler as is reasonably practicable, requested in relation to any: (i) matters that could create a risk to the health and safety of: Commonwealth Personnelof persons at, or near, the Schindler premises; Contractor personnel and Subcontractor personnel; and other personsand (ii) accident, in connection with the Supplies injury, property or work performed under the Contractenvironmental damage which is notifiable to a regulatory authority. 11.4.2 Without limiting (j) Any breach by the application Supplier of this clause entitles Schindler at its option to suspend the whole or part of the WHS Legislation, the Contractor acknowledges that to the extent that any Commonwealth Personnel: are located on the Contractor's or Subcontractor's premises in relation to the Contract; and whose activities in carrying out work in relation to the Contract are influenced or directed by the Contractor, such Commonwealth Personnel will be taken to be workers for the purposes provision of the applicable WHS Legislation. 11.4.3 The Contractor represents goods or services and warrants that: any payment for such goods or services until the breach is rectified and the Supplier must bear any costs it has given careful, prudent and comprehensive consideration to the work health and safety implications incurs as a result of the work to be performed by it under the Contract; and the proposed method of performance of that work complies with, and includes a system for identifying and managing work health and safety risks which complies with all applicable legislation relating to work health and safety including the applicable WHS Legislationsuspension. 11.4.4 The Contractor shall: provide the Supplies in such a way that the Commonwealth and Commonwealth Personnel are able to undertake any roles or obligations in connection with the Supplies (such as in relation to testing or auditing); and ensure that the Commonwealth and Commonwealth Personnel are able to make full use of the Supplies for the purposes for which they are intended, and to maintain, support and develop them, without the Commonwealth or Commonwealth Personnel contravening any legislation relating to work health and safety including the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in the Contract.

Work Health and Safety. 11.4.1 The Commonwealth (a) We are committed to achieving outstanding performance in relation to health and safety and making every effort to ensure safety and maintain a workplace free of accidents, injuries and risks to health and safety. (b) In this clause 10.9, the terms "principal contractor", " workplace" and "construction project" have the same meanings assigned to those terms under the Work Health and Safety Xxx 0000 (NSW) (in this clause, the Act) and the Work Health and Safety Regulations 2011 (NSW) (in this clause, the Regulation). (c) For the purpose of the WHS Legislation and this Agreement, the Works and any Other Contractor Work is taken to be part of the same 'construction project'. (d) Without limiting our obligations under any other provision of this Agreement, we agree as follows: (i) TfNSW: A. engages the NOP specified in the Agreement Particulars (the "Principal Contractor: shall, where applicable, comply with, ") as the principal contractor in respect of the Alliance Activities and (except to the extent that the Principal's Representative directs otherwise in writing) all Other Contractor Work; and B. authorises the Principal Contractor to have management and control of each workplace at which the Alliance Activities and the Other Contractor shall Work are to be carried out and to discharge the duties of a principal contractor under the WHS Legislation; (ii) the Principal Contractor: A. accepts the engagement and agrees to discharge the duties imposed on a principal contractor by the WHS Legislation; B. must ensure that all Subcontractors comply with, the obligation with their respective obligations under the WHS Legislation to, so far Act and the Regulation; C. must at all reasonable times provide the other Participants with access to such records as is reasonably practicable, consult, co-operate and co-ordinate activities with may be necessary to establish the Commonwealth, the Contractor or the Subcontractors (as the case may be) and any other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has a work health and safety duty under the WHS Legislation in relation to the same matter; and acknowledge that they have a duty under the WHS Legislation to ensure, so far as is reasonably practicable, the health and safety of: Commonwealth Personnel; Contractor personnel and Subcontractor personnel; and other persons, in connection with the Supplies or work performed under the Contract. 11.4.2 Without limiting the application of the WHS Legislation, the Contractor acknowledges that to the extent that any Commonwealth Personnel: are located on the Principal Contractor's or Subcontractor's premises in relation to the Contract; and whose activities in carrying out work in relation to the Contract are influenced or directed by the Contractor, such Commonwealth Personnel will be taken to be workers for the purposes of the applicable WHS Legislation.compliance with its obligations under this clause; 11.4.3 The Contractor represents and warrants that: it has given careful, prudent and comprehensive consideration to the work health and safety implications of the work to be performed by it under the Contract; and the proposed method of performance of that work complies with, and includes a system for identifying and managing work health and safety risks which complies with all applicable legislation relating to work health and safety including the applicable WHS Legislation. 11.4.4 The Contractor shall: provide the Supplies in such a way that the Commonwealth and Commonwealth Personnel are able to undertake any roles or obligations in connection with the Supplies (such as in relation to testing or auditing); and D. must ensure that the Commonwealth Participants carry out the Alliance Activities in a manner which ensures that the Participants satisfy their obligations under the Act and Commonwealth Personnel are able the Regulations; and E. must immediately inform the other Participants in writing of all incidents involving injury to make full use any person arising during the carrying out of the Supplies for the purposes for which they are intended, and to maintain, support and develop them, without the Commonwealth or Commonwealth Personnel contravening any legislation relating to work health and safety including the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in the ContractAlliance Activities.

Work Health and Safety. 11.4.1 (a) The Commonwealth Supplier warrants that it is familiar with and has the capability and resources to comply with all work health and safety laws applicable or relevant to the provision of goods and services, and to the extent applicable, will comply with its obligations under the Work Health and Safety Act 2011 (NSW) (WHS Act) and the Contractor: shall, where applicable, comply withWork Health and Safety Regulation 2011 (NSW) (WHS Regulation) as a supplier of goods and services, and as a designer, manufacturer, importer, installer, constructor or commissioner of the Contractor shall goods. (b) The Supplier will comply with and ensure that all Subcontractors its contractors engaged in the provision of the goods or services comply withwith all work health and safety laws applicable or relevant to the provision of goods and services. The Supplier must, the on reasonable request by or on behalf of CSBB, demonstrate compliance with those requirements including providing evidence of measures taken to achieve such compliance. (c) The Supplier must comply with its obligation under the WHS Legislation to, so far as is reasonably practicable, work health and safety laws to consult, co-co- operate and co-ordinate activities with the Commonwealth, the Contractor or the Subcontractors (as the case may be) and any all other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has persons who have a work health and safety duty under the WHS Legislation in relation to the same matter; and acknowledge that they have a duty under . (d) Where the WHS Legislation to ensure, so far as Supplier is reasonably practicableperforming work for CSBB on sites which are not CSBB premises, the Supplier must: (i) cooperate with CSBB in order to maintain consistent safety practices on the site; and (ii) cooperate with CSBB to enable CSBB to comply with its obligations under all work health and safety of: Commonwealth Personnel; Contractor personnel laws applicable or relevant to the goods and Subcontractor personnel; and other persons, in connection with the Supplies or work performed under the Contractservices. 11.4.2 Without limiting (e) Where the application of Supplier is performing work on sites that are not CSBB premises the WHS Legislation, the Contractor acknowledges that to the extent Supplier must ensure that any Commonwealth Personnel: are located on the Contractor's or Subcontractor's premises incident that occurs in relation to the Contract; provision of the goods or services which is notifiable under the WHS Act and whose activities in carrying out work in relation WHS Regulation, is notified to the Contract are influenced or directed by the Contractor, such Commonwealth Personnel will be taken to be workers for the purposes of the applicable WHS Legislationrelevant regulatory authority. 11.4.3 (f) The Contractor represents and warrants that: it has given carefulSupplier acknowledges that other than when goods or services are being supplied to or performed on CSBB premises, prudent and comprehensive consideration to the work CSBB does not control or influence health and safety implications matters concerning the supply of the work goods or services. (g) Any breach by the Supplier of this clause entitles CSBB at its option to be performed by it under suspend the Contract; whole or part of the provision of the goods or services and any payment for such goods or services until the breach is rectified and the proposed method of performance of that work complies with, and includes Supplier must bear any costs it incurs as a system for identifying and managing work health and safety risks which complies with all applicable legislation relating to work health and safety including the applicable WHS Legislation. 11.4.4 The Contractor shall: provide the Supplies in such a way that the Commonwealth and Commonwealth Personnel are able to undertake any roles or obligations in connection with the Supplies (such as in relation to testing or auditing); and ensure that the Commonwealth and Commonwealth Personnel are able to make full use result of the Supplies for the purposes for which they are intended, and to maintain, support and develop them, without the Commonwealth or Commonwealth Personnel contravening any legislation relating to work health and safety including the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in the Contractsuspension.

Work Health and Safety. 11.4.1 The Commonwealth (a) Where the Supplier is required by Port Authority to retain management and control over the Contractor: shall, where applicable, part(s) of the Delivery Place in accordance with clause 9(d)(vi) in order to comply with, and with its obligations under the Contractor shall ensure that all Subcontractors comply withAgreement, the obligation Supplier must: (i) prepare and maintain a work health and safety management plan that meets the requirements of the WHS Regulation and AS/NZS 4801:2001 (WHS Plan); (ii) provide Port Authority with a copy of the (iii) WHS Plan and any other Site specific work health and safety management plan and other registers, records and documents which the Supplier is required to prepare and maintain in connection with its obligations under the WHS Legislation toLaws; (iv) warrant that compliance with its WHS Plan will enable the Supplier to discharge its obligations under the WHS Laws; and (v) acknowledge that any review by or on behalf of Port Authority of its WHS Plan does not constitute verification or approval by Port Authority of the content of the WHS Plan. (b) The Supplier must ensure that, before commencing any work, and so far as is reasonably practicable, consulteach person who is to carry out work in respect of this Contract is made aware of: (i) the contents of the WHS Plan, co-operate and co-ordinate activities with to the Commonwealthextent it relates to the work carried out by the person; and (ii) the person’s right to inspect the WHS Plan under the WHS Regulation; and (iii) made aware of any changes to the WHS Plan which are relevant to the work that person is carrying out. (c) The Supplier must immediately notify Port Authority upon becoming aware of: (i) any accident, the Contractor or the Subcontractors notifiable incident (as the case may be) and being an incident which is notifiable under any other person who, concurrently with the Commonwealth, the Contractor or the Subcontractor (as the case may be), has a work health and safety duty legislation (including the WHS Laws)), injury or property damage which occurs during the performance of its obligations under the WHS Legislation Agreement and within 24 hours of any such accident, incident or damage, provide a written report to Port Authority giving complete details of the accident, incident or damage, including the results of investigations into its cause and any recommendations or strategies for prevention of a recurrence; and (ii) any order, direction, dispute, complaint or Claim being made by any person or entity against the Supplier or any of its Personnel in relation to the same matter; and acknowledge that they have a duty under the WHS Legislation to ensureany such accident, so far as is reasonably practicableincident or damage (d) If requested by Port Authority, the Supplier must conduct an audit of its work health and safety of: Commonwealth Personnel; Contractor personnel practices in the manner and Subcontractor personnel; within the time specified by Port Authority. The Supplier may be required to comply with this clause more than once. (e) The Supplier must, upon Port Authority’s request, provide Port Authority with: (i) a written report on all work health, safety and rehabilitation matters or any other personsrelevant matters as Port Authority may require from time to time, in connection including a summary of the Supplier’s compliance with the Supplies or work performed under the Contract. 11.4.2 Without limiting the application of the WHS Legislation, the Contractor acknowledges that to the extent that any Commonwealth Personnel: are located on Laws and information regarding the Contractor's or Subcontractor's premises in relation to the Contract; ’s work health and whose activities in carrying out work in relation to the Contract are influenced or directed by the Contractor, such Commonwealth Personnel will be taken to be workers for the purposes of the applicable WHS Legislation. 11.4.3 The Contractor represents safety system and warrants that: it has given careful, prudent and comprehensive consideration to the work health and safety implications systems of the work to be performed by it under the Contractits subcontractors; and the proposed method and/or (ii) evidence of performance of that work complies withany approvals, and includes a system for identifying and managing work health and safety risks which complies with all applicable legislation relating certificates, authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety including the applicable WHS Legislationmatters. 11.4.4 The Contractor shall: provide (f) If during the Supplies performance of its obligations under the Agreement, the physical works required under this Contract form part of a ‘construction project’ for which a ‘principal contractor’ is required under the WHS Regulation, the Supplier must comply with all instructions and directions given by the ‘principal contractor’ (whether the ‘principal contractor’ is Port Authority or another party engaged by Port Authority as the ‘principal contractor’) in such a way exercising its authority in that the Commonwealth and Commonwealth Personnel are able role pursuant to undertake any roles or obligations in connection with the Supplies (such as in relation to testing or auditing); and ensure that the Commonwealth and Commonwealth Personnel are able to make full use clause 293 of the Supplies for the purposes for which they are intended, and to maintain, support and develop them, without the Commonwealth or Commonwealth Personnel contravening any legislation relating to work health and safety including the applicable WHS Legislation, any applicable standards relating to work health and safety or any policy relating to work health and safety identified in the ContractRegulation.