Posted By Emma I have a pretty good understanding of subcontactors and liability but I am not sure about this one. We plan to give a waste product to another company to use in their process. I went to visit this company and in HSE terms it is a disaster. I'm not keen to use them but financially in terms of reducing waste disposal costs it looks like a great solution. Obviously we have a moral obligation here to help this company improve its safety performance however is there any way we could be liable should this company suffer a major incident.

Posted By Ken Taylor If you are in any way contracting them to work for you (even in the removal of the product) and something goes wrong, it could be argued that you had a duty to engage a safe contractor and were negligent. If an incident occurs under their control they could try to defend an action by reference to your product or your approval of the method they were using with your product. If you are to continue with them, it could be worth putting some defensive clauses in the paperwork.

Posted By Stuart Nagle Emma. A potential can or worms here I think. I note that you state 'we plan to give a waste product to another company'. In essence this is disposal of the waste product and therefore it must be dealt with in accordance with the advice given to you by the other respondents. You do not state what the waste material is?I assume it is likely to be within the term 'controlled waste' which places legal obligations on your company to used licenced waste disposal operations etc...etc... If however, you were selling a product to another industy, your obligations would be to meet the suppliers legal duties of care in respect of the substance, for example HSWAct and COSHH and the information/packaging/handling etc... requirements. The latter above I would argue may provide better legal protection for your company but still requires that specific legal duties are complied with. Knowing how the product will be employed for instance and how that may effect others as well as the provision of information etc!! The avantage of the latter is that you have little responsibility for the contractor in respect of his own H&S regimes and what he does or does not do, as the case may be in his own undertaking. The former however could make you liable for ensuring the H&S of others, including the contractor and his employees. In essence, at law, they may be employed by your company in processing your waste!! This is a delicate area and contractual terms and conditions will have to be examined closely to ensure that they are not in conflict with statutory legilsation and regulations, or place your own company at risk of prosecution. Often what seems a simple solution and eco friendly/cost reducing opportunity has another side to be examined and dealt with. I hope you manage to sort this out to everyones satisfaction. Stuart Nagle