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#1 Posted : 11 February 2005 09:13:00(UTC)
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Posted By Robert S Woods When we use contractors/sub contractors to do work either on our premises or on one of our jobs on site we send out "Competency Questionnaires" and Insurance Questionnaires. Some of the companies we use are small even one man bands and don't have health and safety policies. Any advice welcome. Bob
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#2 Posted : 11 February 2005 09:25:00(UTC)
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Posted By Stephen_S_Edwards Robert, The minimum requirement would be Employers / Public Liabilty insurance, which they should have anyway. Also, if they can't do a risk assessment themselves (i.e. a bloke comes in to patch a leaky flat roof), then you could do one for him and make sure he works to it. From experience, supervision of sub-contarctors is crucial, regardless of the nature or duration of work.
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#3 Posted : 11 February 2005 11:00:00(UTC)
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Posted By John Murphy Please visit the CHAS website (www.chas.gov.uk) and in the section marked download CHAS questionnaires and standards you will find a questionnaire designed specifically for sole traders and companies who employ fewer than five people. You are welcome to use this but you must acknowledge CHAS as the copyright holder. Hope this helps. John
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#4 Posted : 11 February 2005 21:27:00(UTC)
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Posted By Stuart Nagle Robert. This is a common problem. Most subbies either have few direct employees or the persons working for them are self-employed! My argument is this however, if they undertake work for lots of other companies, as they do, they do in fact know the rules but in most instances simply try to get away with not doing anything by stating that their small and don't have or don't do this, that or the other... Utter rubish in most cases. Whilst you can waste your time doing this for them, who's paying your wages? Yes your company, so is that cost deducted from the charges the contractors make...NO. Whilst the employer has a duty to ensure their safe working, he has no duty to perform their legal duty for them. It's time more employers put a stop to this and ensure that the contractors employed meet the duties imposed on them, and not be fobbed off into doing it for them - unless their contractors are prepared to meet the costs of doing it or reduce their costs accordingly. Added to this is the fact that so long as companies who employ small contractors continue to do this, they are adding to the burden of failures in respect of companies not perfoming the duties legally imposed. Is it any wonder then that most accidents occur in SME's and within the sector of employers who have small numbers of employees.... So long as they can get away with not having to obtain competent H&S advice they will, and the H&S professionals in companies employing them is in essence perpetuating this situation by these actions. This is not only self defeating, but also should be considered in respect of the employment of H&S professionals..... to provide these services to these small contractors etc.... I know many employers see the small employer as a cost efficient method of contracting, their costs are less, and now we know why eh!! We should be considering NOT employing contractors who cannot undertake the legal duties imposed, not making excuses for them and doing their job for them.... Stuart
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#5 Posted : 11 February 2005 23:00:00(UTC)
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Posted By Tom Clark Agree with Stuart - well put.
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#6 Posted : 14 February 2005 13:24:00(UTC)
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Posted By William O'Donnell My employer also asks contractors to complete a simple questionnaire. The minimum requirements are the same, no matter what size the company. We accept that employers with less than five employees may not have a statutory duty to meet some of these duties, however it is the minimum standard required to work on our behalf. Amongst these requirements are: A safety policy Access to competent advice on health and safety, and a Risk assessment process Should the contractor be unwilling, or unable, to meet these standards then they are not used.
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#7 Posted : 14 February 2005 15:54:00(UTC)
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Posted By John Murphy Public bodies should be careful about being anticompetitive. (So to should a private company but we are more vulnerable to claim). Our legal (and HSE) advice on setting up CHAS was that you cannot insist that a contractor will do something from which they are exempt in law. To overcome this we ask the contractor (employing fewer than 5 people) to sign a commitment to H&S. (IND((G) 324 model). They may also send risk assessments if they have them but if not we ask them to provide evidence that details identified hazards and there associated risks for the work they carry out. If they do not have risk assessments, they are required to describe, in their own words (bearing in mind issues on literacy and language which should not be a barrier to work) the method or methods they use for ensuring they or their employees work safely because of the risks they face when at work. This may include safe working procedure for working at height, safety instructions for using dangerous equipment, what to do if employees discover asbestos or suspected asbestos at work, what personal protective equipment they have, such as safety boots, helmets, masks. If they fail in this area we will, for example, send them to the Leeds City Council risk website where they can learn from the on-line tutorial how to assess risk We also cover three other subject areas and these are on our web site. Remember that we are talking about prequalification that should not be burdensome for smaller contractors. Get down to the detail at second stage - project or job specific. Our experience is the majority are willing to learn and improve if they are given guidance on how to do it.
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