Rank: Forum user 
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Hi all,
A contractor uses sub-contract labour to undertake work using a cement based product.
The control measures placed by the company are not adhered to, and the manager in charge of the work refuses to enforce wearing of protective clothing advised by the co. H&S advisor. Two persons suffered cement burns. How many breaches of legislation/acops/duty of care etc?
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Rank: Super forum user 
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Rank: Super forum user 
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None. They would all be alleged breaches
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Rank: Forum user
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Ok, so how many "alleged" breaches?
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Rank: Super forum user
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Ok - it would depend on what the company control measures were controlling, but at face value;
Sect 2
Sect 3
Sect 7
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Rank: Super forum user 
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The Client, contractor and the sub-contractor are each likely to be responsible for the alleged breaches.
Use a different sub contractor in future and ensure some robust vetting procedures are in place before placing the contract.
Steve
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Rank: Super forum user 
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As above, a joint liability could arise. Presumably this is not CDM notifiable otherwise the PC would have the onus to enforce site safety.
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Rank: Super forum user
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Answer...(as with so many other apparently simple questions on here) it depends.....
As a starter for 10 - if you want to throw the book at everyone.... I make it at least 45 - without trying to include beaches by the individual workers (two or more of them, two or three breaches each......)
Any advance on 45 ??
Client Company (11)
HaSaWeA - S 3.1
Mgt Regs Regs 3 / 5 / 7 / 11
COSHH 6 / 7
CDM??? Reg 4 / 6 / 9 / 11
Principal Contractor (15)
HaSaWeA - S 3.1
Mgt Regs Regs 5 / 7 /11 / 13
COSHH 6 / 7 / 8 / 10
CDM reg 4 / 5 / 6 / 19 / 22 / 24
Sub-contractor (19)
HaSaWeA - S 2.1 / 2.2a / 2.2b / 2.2c
Mgt Regs Regs 3 /4 / 5 / 6 / 7 / 10 / 13
COSHH 6 / 7 / 8 / 10 / 11 / 12
CDM reg 4 / 5
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Rank: Super forum user
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oops forgot all the PPE regs breaches:- about ten of them ...
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Rank: Super forum user
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Wow!
Somebody's busy this afternoon! ;-)
Think I'll fold now.
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