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#1 Posted : 09 February 2006 17:05:00(UTC)
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Posted By JB We are in the process of implementing a procedure to manage the activities of contractors at our site. Window cleaning, maintenance & repairs are typical areas where contractors are involved. However, one specialist area requires the services of a firm from europe who do not not have the same level of Safety Management as over here. No safety policy, PL Insurance, Risk Assessments and no accreditation for working on gas appliances. Can anyone confirm that I am correct in saying that European contractors working over here are bound by UK Law?
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#2 Posted : 09 February 2006 17:11:00(UTC)
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Posted By TBC I would certainly think so - after all should something go wrong it will be a UK judge sending you to a UK jail.
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#3 Posted : 09 February 2006 17:33:00(UTC)
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Posted By Mark Simpson Crazy question JB, this must be a case study surely!
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#4 Posted : 09 February 2006 17:39:00(UTC)
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Posted By JB We might think it's a crazy question but I've got to convince the MD so need all the evidence I can gather. Does anyone know of a court case / prosecution where european contractors have been involved in an accident?
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#5 Posted : 09 February 2006 17:45:00(UTC)
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Posted By john r sharp JB One case that comes to mind: the collapse of the passenger walkway at Port Ramsgate. The contractor, although from Sweden, was found guilty (however, as far as I know they have never paid the fine!!). The HSE report on this is available. Hope this helps. John
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#6 Posted : 09 February 2006 17:46:00(UTC)
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Posted By Mark Simpson Dont know what the scope of the work is you are asking them to do but if it involves working with gas appliances as is suggested by your comments & they cant provide evidence of insurance, risk controls & some form of proof of competence I dont see how where they are based makes any difference.
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#7 Posted : 09 February 2006 18:30:00(UTC)
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Posted By Jonathan Sandler CMIOSH If you where working over there what would you need, what is the law of their country? What about health insurance? if one person had to go to hospital who would pay the bill? Regards
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#8 Posted : 10 February 2006 12:34:00(UTC)
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Posted By Jim Walker You are all quite rightly saying this is wrong. However did I not read somewhere quite recently that EEC parliment were proposing just that. A contractor could come here and work to H&S requirements of their home country? Or did I dream it?
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#9 Posted : 10 February 2006 12:45:00(UTC)
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Posted By Terry Wallington JB I have had some experience of this. You can call me on 01202 862630 for more info. Terry
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#10 Posted : 10 February 2006 13:19:00(UTC)
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Posted By DJ JB, You are correct. The so called "Frankinstein Directive", if implemented could allow workers from any EC Member State to work in the UK, but under the laws that would apply to them in their own Member State. However, the Directive is still in draft and we will have to wait until April to see if it is adopted. With regard to your situation, currently, anybody working in the UK is bound by UK law. Enforcing any court judgment is another matter. Regards. DJ
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#11 Posted : 10 February 2006 14:46:00(UTC)
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Posted By Jerry Lucey JB, My greatest fear would be the issue of not being accredited to work on gas appliances. I would suggest on this issue that whereever the contractor is coming from they need to be accredited under some scheme that allows you to determine if they are competent. I would also ask this contractor to provide you with a method statement incorporating a risk assessment. Again to ensure that they are aware of the risks and everyone is familiar with what is to take place. I would perhaps look at making both of the above part of the pre-tender contractor appraisal process and put the onus on the contractor to prove their competence, if they are interested in undertaking the contract there should not be an issue. You should however tie health and safety requirements, risk assessment etc down within the contract as once appointed it can be difficult to negotiate with the contractor.
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#12 Posted : 10 February 2006 14:50:00(UTC)
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Posted By Jerry Lucey You have legislative and common law duties to protect the health, safety and welfare of ALL your employees and contractors and checking the competence and ability to carry out works safely should be considered reasonable steps for you in fulfilling these duties
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#13 Posted : 11 February 2006 00:18:00(UTC)
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Posted By Tony Brunskill JB you are right in your view. See HSP from Dec. Debate is going on at the moment regarding the possibility of foriegn contractors being governed by their own domestic regulations in order to meet the EU Free Trade agreements. You see the problem is the regulations are for the English. Currently they should be meeting UK standards but watch this space!!
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