Posted By Laurence Wickens Hi, I work for a local council, the crematorium here are having problems with private funeral directors in establishing who is actually responsible for them once they arrive on council property (i.e the crematorium). We have a suitable and sufficient RA in terms of risks identified throughout the site, however who is culprable if one of the private employees injures himself whilst lifting a coffin from the back of a hearse? Does the crematorium have to provide a risk assessment for all activities including those carried out by private firms? or As a duty of care, do the private firms have to provide a RA when on council property? Many Thanks

Posted By David Bannister Hi Laurence, the employer has primary responsibility (MHO assessments, training, vehicle maintenance etc). However the crematorium operator has responsibility for their own premises, equipment, working environment, traffic management etc. So, a back injury whilst removing a coffin from the hearse could be due to the undertaker's negligence whereas a trip/fall whilst carrying the same coffin could be down to the council for failing to maintain the floor. To answer your question then, both, and co-operation seems an appropriate way to do this. Forseeable hazards need to be risk assessed and controlled. The undertakers and council need to take all reasonable precautions to prevent harm.

Posted By Laurence Wickens Thanks Guys, Yes co-operation seems to be the way forward. But as soon as you put the word responsibility towards them they all look downwards and shuffle their feet. Certainly the MHO risk assessments do need to be specific to each firm as they all have different methods. Thanks Again

Posted By safety medic To answer the specific questions you asked. 1. Does the crematorium have to provide a risk assessment for all activities including those carried out by private firms? Yes. The council must risk assess the use of its property by a contractor. The results of this assessment should then be made available to the funeral companies. 2. As a duty of care, do the private firms have to provide a RA when on council property? Again yes. The private firms must assess the risk of working on someone elses property. One control measure for this would be to view the councils RA! The council can also reasonably ask for the risk assessments for the work to be carried out on its property and also reject the work on the basis of inadequate RA. The real issue is not necessarily if the funeral company get injured, but if a member of the public is hurt being on council property hosted by a private company.