Subcontractor and 3rd Party Company Occupational Safety Management Process
The Importance of Subcontractor and 3rd Party Companies Work
Subcontractor and 3rd part company work, which we frequently encounter in the business world today and gain more importance day by day, is a type of work widely used in many sectors and contains many requirements and security measures. Although these studies often provide advantages for both employers and employees, negative situations may occur when the requirements are not met. For this reason, one must be very careful and sensitive about subcontractor and 3rd part companies management.
Difference between Subcontractor and 3rd Party Company Work
In order to understand the difference between subcontractor and 3rd party company work, it is necessary to focus on which job the "work" in question is.
If the work to be done is within the process of providing goods and services produced by the main employer and is complementary, this work is defined as subcontracting.
If the work to be done is within the process of goods produced and services provided by the main employer and is not complementary, it is defined as 3rd party company work. In these studies, the party providing the work is not considered the main employer. In such works, it is very important to define a turnkey work, that is, to make a work contract.
Subcontractor
It is a second employer who requests the job, that is, who is responsible for performing a certain part of the main job of the main employer. The main employer may outsource a certain part of a large-scale job to a subcontractor for various reasons such as expertise, technology, capacity or time. In this case, the other employer to whom the work in question is given is called the subcontractor. Security,food and cleaning servise can be given as examples of works within the scope of subcontracting.
Responsibility of the Subcontractor and the Primary Employer in Subcontracting Works
Subcontracting is covered by law no. 4857. Therefore, there is a chain of liability between the main employer and the subcontractor. For example, if an employee of the subcontractor company has an accident or any accident or incident occurs in the work area, the main employer is as responsible as the subcontractor. For this reason, there are some requirements during subcontracting work.
In subcontracting work, the main employer, that is, the owner of the work, has certain obligations as well as the subcontractor. These obligations are:
• Making a Subcontracting Agreement
The parties must conclude a written contract that includes the following:
-Company name and address of both parties (if the main employer and subcontractor are institutions and organizations without legal entity, the name, surname and address of the main employer and subcontractor representatives)
-What is the main work carried out in the workplace?
-What is the work assigned to the subcontractor?
-Estimated start and finish date of the job
-Principles of execution of the work assigned to the subcontractor
-In which part of the workplace the subcontractor's activity will take place
-The main employer is responsible with the sub-employer for the obligations arising from the sub-employer's employees in that workplace.
-Signature of the main employer or his representative, subcontractor or his representative
** If a part of the main work is given to a subcontractor due to technological reasons required by the business or the work, the subcontractor who receives the work cannot give a part of the work to another employer.,
- Performing Risk Analysis
The main employer and the subcontractor are obliged to carry out risk analysis together in the area where the work will take place. Conducting risk analysis is very important in determining possible hazards in the workplace and taking control measures.
- Training and Competency
It belongs to subcontractor employees:
- Making insurance entries,
-To provide occupational safety trainings,
- Providing and embezzling work-specific personal protective equipment,
-Assessing and reporting whether employees are fit for work in terms of health and safety
- Questioning the need for job-specific vocational training
The main employer is as responsible as the subcontractor for the control and validity of the documents listed above.
- Communication and Emergency Stuatio Plans
Effective communication channels should be established between the main employer and subcontractors and emergency plans should be made. The main employer should inform and record the employees of the subcontractor company about their own operational safety rules, risks and emergencies. This helps to minimize the effects of immediate intervention and work accidents.
- Audit and Monitoring
Continuous auditing and monitoring of compliance with occupational safety standards is crucial in identifying potential risks at an early stage and finding solutions.
Both the subcontractor and the main employer are responsible for ensuring that the work is carried out in accordance with the rules and that personal protective equipment is used.
3rd Part Company
If the work to be done is not within the process of goods and services produced and provided by the main employer and is not complementary, it is defined as 3rd party company work. Examples of 3rd party company work include maintenance work and repair operations.
Responsibilities of the 3rd Part Company and the Main Company
Unlike subcontracting, in 3rd party company works, the 3rd party company is not in the process of goods and services produced and complementary to the company requesting the work, and since the company is the expert of the work to be done, the main employer in this case is the 3rd party company itself and all responsibility is in the 3rd party company.
The responsibilities of the company requesting the work are as follows:
- Performance and Importance of the Works Contract (Turnkey Contract)
An employment contract is an employment contract that includes mutual actions. The contractor's act is to create the work and deliver it to the owner, and the principal company's act is to pay for the delivered work. In the works carried out within the scope of the employment contract, the employer-contractor is personally responsible for the occupational safety of the workers he will employ. It will take all necessary measures to ensure work safety. In case of a work accident that occurs as a result of violation of this obligation, the employer will be held responsible to the extent of the 3rd part company's fault.
Subcontractor (Contractor, Contractor, 3rd party company) is responsible for checking the following documents of its employees.
Training and Competence
-Insurance (SSI Entry, BAG-KUR, Last month service breakdown)
-Occupational safety training
-Work-specific personal protective equipment embezzlement form
-Appendix-2 summary health examination form
- Work-specific vocational training
- Temporary assignment form
In addition, the requesting party must provide the 3rd part companty's employees with information training on the risks and emergencies in its area.
The Importance of Digitalisation in Subcontractor and 3rd Part Company Occupational Safety Management Process
In today's business world, occupational safety is one of the top priorities of employers and employees. Occupational safety management, especially for outsourced workers such as subcontractors and subcontractors, is a complex and meticulous process. In order to manage this process more effectively, the importance of digitalisation is increasing.
The main contributions of digitalisation are as follows:
Training and Information
Through digital platforms, occupational safety information trainings for the area to be worked can be given more effectively. Thus, the employees of the subcontractor company can complete their training before coming to the field and can also solve exams if you wish.
Control and Archive of Documents
It is very important to request work-specific documents in digital environment, upload, approve and archive documents in digital environment. Another importance of document management is that all document control and approval processes are completed before subcontractor or subcontractor employees arrive at the workplace. Storing the checked documents in digital environment for many years is very important in terms of accessibility to documents in a possible legal process.
Ensuring Legal Compliance
Ensuring legal compliance in subcontractor and subcontractor management is of utmost importance. Digitalisation can facilitate more effective monitoring of legal processes and compliance.
More Effective Communication
Digital platforms facilitate communication between employers and subcontractors. When management processes are established effectively, time loss based on lack of communication is eliminated in processes such as which process is done for what, which document is uploaded for what, or which document should be received.
Increased Efficiency:
Digitalisation can increase productivity by automating business processes. For example, communication and cooperation between subcontractors and subcontractors can be facilitated through digital platforms. Processes such as tracking work, reporting and sharing data can be accelerated, which increases overall efficiency. Since many experts play an active and intensive role in the subcontractor and subcontractor document management process, digitalisation will allow experts to spend more time in the field.
In document approval processes, postponement or cancellation of work as a result of missing or inappropriate documents is also very important in terms of efficiency. The purpose of digitalisation is to accelerate this management process and increase productivity.