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Responsibilty regarding contractors working at home
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Posted By Gail Pannell
Hi,
Can someon please give me some advise on the following as I am a bit confused.
my workplace has a self-employed individual with mental health problems that we wish to give additional work to this work would consist of cutting carpet samples at his home with a drill that we have aided in the development of but he would purchse himself.
I understand that there is a moral issue which would require us to ensure that he understood how to operate this equipment safely.
But can anyone advise me on the legal requirments relating to this
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Posted By Tabs
No wonder you are confused - this is a question worthy of the best exams.
As they are self-employed, on their own property, your legal obligations lie mainly with your input to the machine design and supply - and *possibly* section 3 of the HASWA 74 (though that is tenuous, I think it could be invoked considering your knowledge of the person).
Your obligation will be to ensure that the machine is safe in all circumstances that can be foreseen here.
You would be a moral shark if you did not do the very utmost though regardless of the legal obligations.
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Posted By jackw.
Hi, there have been a couple of recent threads on this so you might wish to check back. A LA in Scotland we have had to deal with this as we have a number of staff going into houses for a variety of reasons. Most notably home care staff from our social work department who have to visit the same place/person on a regular basis. We can't demand no smoking in private dwellings. We have written to every client requesting that no smoking takes place whilst our worker is in the house and not to allow smoking and vent the house 30 mins before they arrive. If they do not comply with this request a manager will visit and explain why the request was made (duty of care etc.)and make the suggestion that service could be reduced. Of course the last form of action is difficult as many of the services are of a statutory nature and thus difficult to withdraw and can you image the outcry, bad press etc. if we refused to go out on child protection work because the house was "smokey"? They would hang us.
We also try to protect more vulnerable staff - asthmatics, pregnant women by NOT sending them into smoke filled houses. Not sure there is much more we can do
hope this helps
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Posted By Gail Pannell
Hi,
Thanks for your reply I was starting to feel a very big headache come on.
The gentleman concerned would be doing this as peace work at home.
This would be a very manual and tedious job and would be an opportunity to give somebody additional money.
However this drill would be designed from a 3rd party contact of ours and would be something similar to a drill that puts spot lights in ceilings.
I'm sorry this is all slightly vague but I was asked for my input on this before this went any futher forward.
Thank you very much for any insights you have
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Posted By Mitch
Have you considered a Flypress as an alternative to a drill?
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Posted By jackw.
Hi apologies got my threads mixed up and gave you response to staff visiting clients at home re smoking. bet u got confused!!!!!!!!!!!
Cheers
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Posted By Tabs
Gail, I am a bit more worried when you mention the ceiling light description - this sounds like what is called a "tank cutter" (for cutting holes in water tanks etc) on a hand-held drill...
If it is a hand-held tool it is difficult to make it intrisically safe - it the drill is a machine (pillar drill) it is relatively simple to guard the cutting area.
Remember that I wrote that it has to be safe in all circumstances - therefore one has to look at what his abilities are.
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Posted By Gail Pannell
Hi,
Any other alternative options are great but I'm not very mechanically minded so please forgive my ignorance but aren't fly presses quite cumbersome machines?
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Posted By Gail Pannell
Hi,
Thank you all for your help and advice I have just advised my managers that it would be preferable if this work could be carried out in a controlled environment or that an alternative piece of equipment be used.
Thank you all !!!
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