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Posted By Paul T9
Theoretical question: A contractor uses premises owned and maintained by the MOD but a part of the building is unsafe, because it is a MOD building the contractor is not allowed to fix this himself.
I am thinking that Section 4 HSWA must apply here and I believe that there would be no crown immunity apart from that involving Section 37.
Thanks in advance
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Posted By Ron Hunter
And what of the contractor knowingly working in unsafe conditions?
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Posted By Larry
All MoD units have appointed civilian Health and Safety advisers. The mandatory HSE poster WILL BE displayed in the guardroom with his/her contact details. Go raise your concerns with them.
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Posted By Bob Y
Paul - what is the question that you are asking?
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Posted By Paul T9
The question is what legislation applies here as the MOD own and maintain the property and the contractor uses it, the contractor cannot carry out the repairs but still has a duty of care to its employees. The contractor has raised its concerns on this but so far nothing as funds are not available, this has been going on a number of years now and there is a risk of injury. It was something I was involved in but no more, so I was wondering what legislation applied both to the contractor and the MOD?
Just after some opinions on this, nothing more and no axe to grind.
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Posted By TonyB
Paul,
MOD is not exempt from the requirements of any health and safety legislation. They should meet all requirements. HOWEVER - they are exempt from section 33 and the other enforcement sections of HSWA. Therefore, they can't be prosecuted (as they cannot commit an offence) and are not subject to enforcement notices! Therefore, in principle the can choose to do nothing and nobody can do anything about it.
They do have a voluntary system (Crown Sanction) that allows for Military Courts to hear cases based on Health and Safety but nobody every gets to hear about these cases.
The contractor is not exempt for anything.
Not fair, given the situation but that's how it goes.
All the best,
TonyB
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Posted By Paul T9
Thank you TonyB
I had a rough idea of how it worked but you have clarified it for me (24hr posting by any chance? ;-)).
Best Regards
Paul
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Rank: Guest
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Posted By TonyB
Paul,
Your welcome. It was an interesting exercise to track down what I already know, its always nice to have a refresher!
Just as a side note. The same applies to ALL crown organisations (Civil service, HSE itself and even the Royal Mint!). However, these other Crown organisations often wave their exemption in the interests of public opinion and accept enforcement - even if it is by an informal system.
All the best,
Tony.
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