Posted By AlanB We have a large quarrying site, employing over 200 people. We have hauler drivers around site day in day out via the weighbridge. Next to the weighbridge is an area of land which has been empty for a while. One of the Directors has now decided to allow a small company to use this area of land, rent free, without a formal contract, to carry out his operation. The land still belongs to the company I work for. The land is 50m x 50m area, surrounded by our working quarry. There will be two or three men working there. They have some mobile mixing plants there and other machinery. They will also be storing a small amount of cement there in a mobile silo. The Director has written a brief letter to the company highlighting that they must work safely, without risk to health and the environment, but has not gone into greater detail than this. He believes that we do not need any further details from this small company, as they would be operating independently from us, and that they must assume full responsibility for health, safety and the environment, and believes that we, as the land owner, would have no responsibility should something go wrong. I don't think he even wants to see their insurance details! Whilst the operation will be independent of our operation, they will still be using our access roads and weighbridge, and we will be supplying them with a quantity of material each week. It is hoped that their business will be relatively successful, thus giving us a steady income from the aggregate we would supply them. I disagree with the Director. I believe that since they are operating on our land, we have a duty to ensure that they work safely, healthily and without risk to the environment, and for that reason we need some formal documentation from them informing us of their operation, details of their main hazards and their way of controlling them, and emergency responses to major incidents etc. I would appreciate some feedback on this, as I believe that I am correct. But then, the Director believes that he is too. What do you think?

Posted By Allan St.John Holt I agree with Ian. Also, my advice would be to make very sure that your advice to the director is recorded somewhere - you may need to be able to prove that you gave it! Try quoting Section 4 of the Act. Some of their activities might put your people at risk, in which case you would have Section 2 as well. All depends on the circumstances of course, but what you can't afford to do is turn a blind eye to whatever they do. Allan

Posted By John Webster Alan, In my previous life, I worked for a small company who had been given use of a site entirely within the curtilage of a much larger operation. Quite rightly, the large company required that all our H&S policies and proceedures were compatible with theirs and I, as safety officer, was kept informed of anything relevant which might affect us. As our vehicles would use their roadways, we were subject to their vehicle inspection regime. Our staff and visitors attended their induction and refreshers. They included our site within their H&S inspections (but not the interior of our premises which was regarded as our responsibility - although we regularly invited their emergency teams in for familiarisation). By co-operating fully, were benefitted from all the support of a large organisation with a full time OH&S set-up. They had confidence that our risks to them were no greater than their own, and that our staff were just as aware as their own of the hazards on their site etc. I can see so much potential for mishap in your situation. You are in an industry sector with relatively high risk of death or serious injury. Irrespective of the letter of the law, full H&S co-operation is the only sensible way forward. Otherwise, and by the sound of your director's response, you are well advised by Allan to record all communication on this matter - and keep a copy at home! Let us know how you get on! John

Posted By Neil Pearson There are 2 issues here. If the other company is given complete control over the use and maintenance of their part of the site, then they become the legal "occupier" and you have no duties towards them in that respect. The other issue is that both companies can still affect each other through their operations, for example, the shared road you mentioned. Reg 11 of the Management Regs covers the duty to co-operate on your arrangements and policy. You must ensure that your operations don't put them at risk, and that their operations don't put your people at risk.