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Contractor specifying a particular brand of glove?
Rank: New forum user
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I work for a specialist subcontractor and the principal contractor on new site has just brought in a glove policy that dictates only a specific brand of glove to be used on the site. These particular gloves are colour coded according to the level of protection they offer.
The various gloves we already carry a stock of, have tried and tested and normally provide to our operatives either mirror or exceed the protection ratings of the other "specified glove" brand, although they are not colour coded in the same manner. The specified brand are more expensive so I am reluctant to toe the line for no benefit in terms of protection.
My question is, can they dictate a specific brand or merely a minimum protection level required level for each operation? Is it simply a case of their site, their rules?
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Rank: Forum user
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Just aske them to explain their rationale as to the specific gloves in terms of risk assessment. We had a similar scenario from a Principal Contractor dictating a mandatory glove an eyewear policy. It was not appropriate that our personnel used either. They looked at our tasks in our environment and realised it was not appropriate.
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Rank: Super forum user
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They may have dictated this to make compliance checks easier. Ultimately, it's their call. They are afterall, your customers.
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Rank: Super forum user
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I would ask the client to confirm that since they are insisting upon only certain gloves as specified by them are used as a result, they are presumably accepting liability should any of the specified gloves, used in accordance with their instructions, fail and damage to an employee of yours occur. Whilst it may be questionnable whether this would stand up in court, it may cause them to reconsider their decision.
Chris
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Rank: Super forum user
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I'm with Chris. I'd suggest that the principle contractor is in a dangerous position by specifying the gloves you must use without assessing the hazards you face. It's not as simple as low, med and high risk.
Getting it wrong is a costly business as Threllfall -v- Hull City Council shows
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Rank: Super forum user
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As a matter of law the subcontractor to a PC has NO right of access to the client. His contract is with the PC.
If this situation was set out in the contract then you are deemed to have priced for the type specified. That was the time to dispute contract terms. If not in the contract conditions then you are at liberty to charge for the change from your normal type. The PC is taking on the reponsibility if things go wrong but that is his choice. Argue your views with him by all mean but if he does not relent then you either accept this contract condition/change or additional term of contract.
Even the use of site rules by the PC to enforce this still permit you to charge if it was not set out in the contract. Yes he is at risk but that is is his choice.
Bob
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Rank: Super forum user
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Boblewis - In my view the sub-contractor's 'client' is the PC as presumably his contract will be with the PC and not the PC's client.
Be that as it may, the simple fact is the PPE, such as gloves, is technically a 'last resort', as described in the PPE Regulations. My concern is primarily where gloves are being provided as protection against chemical hazards - and there are plenty of these on the average construction site. PPE must then provide 'adequate control' to comply with COSHH. The suitability of gloves for such a purpose is determined both by the nature of the chemical hazard and the nature of the task. The performance of a glove can vary enormously depending on a whole range of factors. In a study we conducted some time ago jointly with Sunderland University testing glove performance under actual conditions of use one glove's performance with the same chemical (manufacturer's given permeation breakthrough time to EN374-3 was 36 minutes) ranged from in excess of two hours in one task to 5 minutes in another. Mixtures of chemicals is another factor. One manufacturer's glove provides >240 minutes nominal permeation breakthrough time with each of toluene and methy-ethyl-ketone but only 9 minutes with a 1:1 mixture of these chemicals.
So a 'blanket' approach runs a very considerable risk that the gloves provided will not provide adequate protection. Selection and use of gloves for chemical protection is much more complex than at first appears (see chapter 18 in 'Protective Gloves for Occupational Use, ISBN 0-8493-1558-1)
Chris
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Contractor specifying a particular brand of glove?
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