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Posted By Harry Johnson
An interesting one!
A UK company advertises, quotes and accepts orders for log cabins and similar structures. Payment for the cabins is made to this company.
They then pass the order on to a company in Europe (not a member of the EU). The overseas company provide all materials (sent over by ship) and labour, usually 4 or 5 male workers, just one of them speaks English.
These workers are met at the airport by the UK company who escort them to site. The client (purchaser of the cabin) provides food and accomodation. The job lasts approximately 5 days.
The UK company has bought hand and electric tools for the sole use of these workers (too heavy to carry on the plane) and stores them in the UK and delivers them to site as required.
The UK company monitors progress of the project by site visits.
Is this a normal PC - Sub Contractor relationship?
Where do the H&S responsibilities lie?
All views are welcome!
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Posted By Dave Dowan
Hi Harry
Yes a very interesting one. I have no knowledge of this area but I would have thought that most of the normal H&S responsibilities would be on the UK compnay asking for the work to be done. Have you spoken to HSE? they will have a view.
Regards Dave
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Posted By Frank Cooper
Harry,
I have no specific knowledge of labour laws as they relate to imported labour. However, as far as I am concerned the safety of the employees here should be no less than that which we should expect for our own employees. I would expect them to be given some form of induction (In conjunction with the one speaker of their language as interpreter). I would also expect them to be given training with the tools and equipment and all the necessary protective clothing as required for the work they will be doing. Certainly a Risk Assessment(s) needs to be carried out and brought to their attention (again through the interpreter).
A safe system of work needs to be devised and again communicated to them all.
For each stage of this you need to get them to "sign on" to it all which in this case will be to ascertain that they fully understand what they will be doing and what is expected of them from a safety viewpoint.
I suspect the visits you refer to are more to do with work progress rather than health and safety. Regular site visits to monitor health and safety are equally (if not more) important. Remember, a lot can happen in five days!
Hope this helps,
Frank Cooper
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Posted By Jeremy R. Manderson
Harry,
HSE responsibilities lie in the hands of all parties involved. However the overall responsibility will be bestowed upon the company in the UK. This is in the fact the bottom line. The local company, is likely registered in the UK as a provider of said products and services. HSE will conform with UK standards. You will find this the same in most countries. (Keep in mind I am writing you from Canada, and I can assure you this would be the case in the colonies) Other issues are ISO standards and compliance, EU standards as they apply, etc. In addition the workers will have to be certified to perform the tasks at hand and must have either internationally recognized (and/or) transferable certification, or be trained to UK accepted standards upon arrival and prior to beginning work etc… cross training on provided equipment shall also be provided, and so on. Other issues will be the standards of the materials and the subsequent compliance to standards, building codes, structural engineering etc…
May I ask if this a study assignment or a real time situation? Good Luck.
Jeremy R. Manderson
HSEQ Management Specialist/International
Canada
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