Health and Safety Agreement
Health and Safety Agreement is a formal document that outlines the responsibilities and commitments of one party to another to ensure a safe and healthy working environment.
Free Health and Safety Agreement Template
Use this free template as a starting point for a health and safety agreement between two organisations working together on a shared site, project, or contracting arrangement. It clarifies which party is responsible for which H&S obligations and how risks are managed jointly. Copy and customise it to suit your situation, industry, and jurisdiction.
HEALTH AND SAFETY AGREEMENT
Date: [Date of agreement]
Party A (Principal / Site Owner): [Full legal name], a company incorporated in [Jurisdiction] with registered address at [Address] (the "Principal")
Party B (Contractor / Visiting Party): [Full legal name], a company incorporated in [Jurisdiction] with registered address at [Address] (the "Contractor")
Background
A. The Parties have entered into, or intend to enter into, an arrangement under which the Contractor will perform work at or interact with the Principal's premises or site (the "Site").
B. Each Party owes statutory health and safety duties to its own employees and to others who may be affected by its work.
C. The Parties wish to record their shared health and safety expectations, responsibilities, and reporting arrangements to manage risk and comply with applicable law.
1. Legal Framework
The Parties acknowledge their respective duties under applicable health and safety legislation, including (as applicable to the jurisdiction):
- [UK] Health and Safety at Work etc. Act 1974 and Management of Health and Safety at Work Regulations 1999
- [UK] Construction (Design and Management) Regulations 2015 (where relevant to construction work)
- [Other jurisdictions: insert equivalent primary H&S legislation]
- Industry-specific regulations applicable to the work and the Site
This Agreement does not displace, limit, or modify any of those duties.
2. Scope
This Agreement applies to:
- All work performed by the Contractor at the Site under the underlying contract dated [Date]
- All visits by Contractor personnel, sub-contractors, or agents to the Site
- All deliveries, materials, and equipment brought onto the Site by or for the Contractor
It does not apply to work performed off-Site unless expressly extended in writing.
3. Principal's Responsibilities
The Principal shall:
- Provide a safe Site, with appropriate access, egress, welfare facilities, and emergency arrangements
- Brief the Contractor on Site-specific hazards, rules, and emergency procedures before work commences
- Communicate any material change in Site conditions or risk profile during the work
- Provide a designated Site contact for H&S coordination
- Cooperate with the Contractor on shared-risk activities and ensure adequate coordination between any contractors on Site
4. Contractor's Responsibilities
The Contractor shall:
- Be competent to perform the work and ensure its personnel are appropriately trained, qualified, and supervised
- Conduct task-specific risk assessments and provide method statements (RAMS) before starting work
- Maintain valid public liability and employer's liability insurance at appropriate levels (see clause 8)
- Provide and require use of appropriate personal protective equipment (PPE) for its personnel
- Comply with Site rules, signage, and instructions from the Principal's Site contact
- Report any incident, near miss, or hazard to the Principal as set out in clause 7
- Ensure that any sub-contractors flow down equivalent H&S obligations
5. Risk Assessment and Method Statement (RAMS)
The Contractor shall submit risk assessments and method statements to the Principal at least [5 working days] before commencing work, covering:
- Activities to be performed
- Identified hazards
- Persons at risk
- Existing and proposed control measures
- Residual risk rating
- Emergency procedures specific to the work
The Principal shall review the RAMS and notify any reasonable concerns within [3 working days]. Work shall not commence until the RAMS are accepted.
6. PPE and Permits
- Mandatory PPE on the Site: [list, e.g. safety boots, hi-vis, hard hat, eye protection]
- Permit-to-work systems apply to: [hot work, working at height, confined space, electrical isolation, asbestos work, other]
- The Contractor shall obtain a permit from the Principal before commencing any permitted activity, and shall comply strictly with the permit conditions.
7. Incident Reporting
- Any incident (injury, dangerous occurrence, near miss, property damage) shall be reported to the Principal's Site contact immediately and confirmed in writing within [24 hours].
- Reportable incidents under [RIDDOR / equivalent jurisdictional regime] shall be reported by the duty-holder party in accordance with the regulations.
- Each Party shall cooperate with the other in any investigation, including providing access to personnel, records, and the Site.
8. Insurance
The Contractor shall maintain at its cost:
- Employer's Liability insurance: [minimum £/€/$ statutory requirement]
- Public Liability insurance: minimum [Currency and amount, typically £/€/$ 5-10 million per occurrence]
- Professional Indemnity insurance, where the work involves design or advisory services: minimum [Currency and amount]
- Such other insurance as is customary for the Contractor's industry and the work
Evidence of cover (certificate of insurance) shall be provided to the Principal on request and on each renewal.
9. Stop-Work Authority
- Either Party may stop work if it reasonably considers an activity to be unsafe, presents an imminent risk of harm, or is not being performed in accordance with the RAMS.
- Work shall not resume until the issue is rectified to the satisfaction of both Parties.
- No liability arises against the Party invoking stop-work authority in good faith.
10. Substance Misuse
The Contractor shall ensure that no person under the influence of alcohol or unlawful drugs enters or works on the Site. The Principal may require the removal of any person reasonably believed to be in breach of this clause.
11. Environmental Provisions (optional, include if relevant)
The Contractor shall comply with the Principal's environmental policies, including waste segregation, spill response, and noise/emission limits applicable to the Site.
12. Subcontractors and Visitors
The Contractor remains responsible for the H&S compliance of any sub-contractors, agents, and visitors it brings to the Site. Equivalent H&S obligations shall flow down to all sub-contractors.
13. Indemnity
Each Party shall indemnify the other against losses arising from death, personal injury, or property damage caused by its breach of this Agreement or by the negligence of its employees, agents, or sub-contractors, save to the extent caused by the indemnified Party's own negligence. The indemnity does not extend to indirect or consequential loss.
14. Term and Termination
This Agreement runs concurrently with the underlying contract and terminates automatically on its termination. Either Party may terminate immediately for material H&S breach not remedied within [7 days] of written notice (or immediately if the breach presents an imminent serious risk).
15. Governing Law
This Agreement is governed by the laws of [Jurisdiction] and the Parties submit to the exclusive jurisdiction of the courts of [Jurisdiction].
Signatures:
For and on behalf of the Principal:
_ Date: _ [Name], [Position]
For and on behalf of the Contractor:
_ Date: _ [Name], [Position]
This is a basic template provided for informational purposes. For a professionally generated and legally tailored document, use Bind's contract automation platform.
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