Sorry this is a long question, but I would really appreciate any advice – guidance

I have recently taken the position of health and safety manager for a company which provides skilled mechanical fitters to a number of clients in a variety of sectors, including cement, food processing, pharmaceutical and power generation.
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Personnel are supplied to the clients on a day work basis – i.e. an hourly rate is charged (in the same way as an agency would operate)
When on a client’s site the fitters are working under the direction and control of the client, typically working on plant maintenance.
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I have recently revised the company’s terms and conditions, stressing that the client is responsible for carrying out risk assessments and implementing risk controls, that the client is responsible for providing adequate supervision, safe systems of work, safe plant and equipment and the provision of PPE.
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I have introduced a ‘client health and safety questionnaire’ which is filled in before fitters are sent to clients sites. The questionnaire is completed either face to face with the client or over the phone when a client books fitters and identifies the type of work to be undertaken, specific hazards, any hazardous substances etc. and is used to ensure that the fitter sent to site has the correct skill set / experience
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In addition I have introduced a basic health surveillance checklist – filled in by the fitter which aims to identify any health problems and is used to make sure those persons with underlying health issues are not exposed to risks (e.g. someone with asthma would not be sent to a flour mill)
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Can anyone advise me as to what additional steps I can take to
(a) Ensure the health safety & welfare of the fitters
(b) Protect my company from criminal and civil actions resulting from injury / ill health sustained on clients sites?
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Thanks in anticipation – Tim 188

Thanks JCA

Employers Liability Insurance - I would need to take advice on individual clients arrangements (if they were prepared to tell me) I checked our company policy & it covers employees and others working on our site where we have a duty of care / duty is breached etc…

First aid – the carrying out of a risk assessment to determine the level provision of appropriate first aid arrangements is responsibility of the client, this is spelled out in the T&C’s – Our company do not have sufficient access to information regarding each clients specific site which would be necessary in order to make a suitable and sufficient assessment of all the risks.

Tim, I think that what you have done so far is entirely reasonable, responsible and consistent with the requirements of MHSW R12. You may well be acting as an employment agency, although that is not entirely clear from your initial post, but I personally don’t see this as a ‘trap‘, just perhaps a fact of life.

While I agree that MHSW does place the onus on employers to carry out the RA, do remember that they are required to assess the risks to employees AND other people as well. Therefore the host employer would have a duty under MHSW R3 to do that and under R12(1)(a) so I think your emphasis in the T&C’s is entirely consistent with this.

I have to disagree with the statement, that “Your business is clearly the employer…”. As far as health and safety goes, I don’t think that is clear at all, indeed for the purposes of health and safety the HSE may well perceive the host as the employer (MHSW.ACoP para 5 makes interesting reading). The ’traditional’ tests of employment, PAYE etc are NOT ’hard and fast’ and the tests for employment law and health and safety are sometimes different (as we have seen in the Christmas party thread). The element of control is most definitely an important, relevant and obvious factor in determining the responsibilities when employing people from outside the undertaking. If the host employer has control of the day to day actions of the ’labour’ that you are providing, then I think it is entirely reasonable that the host employer would have the bulk of the responsibility for the health and safety of those people, for obvious reasons, and I am pretty sure that, that is what the HSE expect.

So as far as what you have done so far goes, I would say ‘spot on’, reasonable, sensible, responsible and what the HSE would expect and again consistent with the ACoP and guidance on MHSW R12.

I always greet the ’liability’ question with something of a wry smile! I take a rather simple approach, protect the health and safety of whoever, and it is doubtful that a liability will arise. I know that sounds rather simplistic but the principle is rather simple.