IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Contractor Control and Liability - where does it stop and start ?
Rank: Guest 
|
Posted By dbaird
Dear all,
If we have a hypothetical example where by a main contractor takes on small contractor (s) say with 3-4 staff and / or a variety of one - two man bands. They then say you can work to our risk assessments, safety systems and say they issued copies of risk assessments to them-and then lets say they killed / maimed a member of public or one of their own staff - who would be liable if they were "working to the main contractors assessments"? I personally think a great deal of the liability (more than perhaps would other wise be the case) would come back onto the main contractor.
thoughts most welcome,
Dave
|
|
|
|
|
|
Rank: Guest
|
Posted By Mark Talbot
Liability will lie with the person / organisation guilty of neglegence or statutory breach.
If the risk assessments etc., are seen to be suitable and sufficient, no extra liability will exist per se. Of course, if they are not suitable and sufficient, and the death is caused due to a lack of consideration that should have been made under said systems, then yes of course there is extra liability.
However, the employer would also be jointly liable because although they can graciously accept your offer, they still have a legal obligation to ensure the safety of their employee regardless (so they should refuse/supplement your systems).
|
|
|
|
|
|
Rank: Guest
|
Posted By steven bentham
If you kill someone in your example the HSE will look very carefully at all duty holders. (I think its the go for em all tactic).
|
|
|
|
|
|
Rank: Guest
|
Posted By Ron Hunter
The main contractor has a duty to ensure that those others he engages are competent. Loads of case law on that one. Associated Octel et al.
|
|
|
|
|
|
Rank: Guest
|
Posted By Robert K Lewis
Whatever other actions are taken by the enforcers the Main contractor will always be in line as he is the person in control and thus the burden of reponsibility is greatest. Even if the subcontractor is not following the agreed methods the supposition will be that it the Main Contractor should have managed the works in an appropriate manner.
Bob
|
|
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Contractor Control and Liability - where does it stop and start ?
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.