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Posted By Graham Clarke MIOSH, MIIRSM
I have a problem, I hope you can help with. I work for an American company and I am trying to show them that we have to control the contractor's we use, they seem to think we do not need to do anything. Is there any presidents in case law I can use, I did hear of a case concerning a bridge in Deal in Kent that collapsed. Hope you can help.
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Posted By Zoe Barnett
Hi Graham, I think that the case you mean is the collapse of the passenger walkway at Ramsgate ferry terminal. If memory serves me right, this involved a dock company being prosecuted for not carrying out their own risk assessments, as they had paid a contractor to do the assessments on their behalf. The court held that just getting a contractor in wasn't enough, the company should have done more on their own behalf. Sorry I can't remember the year but I guess it was the mid 90s. Hope this helps.
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Posted By Phil Roberts
Graham,
If the case Zoe has referred to is the one you had in mind, the following address is that of the official HSE press release on the case: www.hse.gov.uk/press/e00013.htm
For extra ammunition I have also forwarded a summary of R v Associated Octel to your email address.
Good Luck!
Phil
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Posted By Jim Walker
As Phil and Zoe say
I think you mean the Port(of)Ramsgate case there is an article in April 1997 TSHP if you have a back copy. The other important case that went to the House of Lords was R vs Associated Octel, appeal wasNov 1996. I seem to remember an excellent report in TSHP by a lawyer on the significance of this case.
I’ve just put both of these into Goggle search engine and come up with usable references
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Posted By David Waterton
Hi. we have a control of contractors policy. I assumed all companies would require the same under the 1974 H&S Act.
If you wish I will send you a copy.
Cheers
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Posted By Nick Higginson
Graham,
THe 2 key cases with regards to contractor control are R v Associated OCtel and R v Swan Hunter Shipbuilders.
Both relate to employers being prosecuted under Section 3 of HSWA for failing to control the activities of contractors. 2 Good publications are the HSE guide to Managing COntractors in the CHemical industry (although relevant to all industry) and the EEEF do a guide on working partnerships which is excellent.
Kind regards,
Nick
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