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KAJ Safe  
#1 Posted : 04 July 2012 10:42:01(UTC)
Rank: Forum user
KAJ Safe

The most recent court case on the SHP "in court" section saw the Principal contractor fined £633000 for a fatality. On this ocassion the sub contractor is now in administration so they cannot be pursued but there have been cases in the past where a contractor has been brought onto site to do a job but it is the hiring business (in this case the Principal contractor) who carries the can. There was another case where a printing company brought in roof workers for roof repairs - they failed to follow their own procedures and one of the contractors was injured. The hiring Company got fined £250,000. Although both of the above are different, the idea of bringing someone in with expertise/knowledge would show that you have identified your limits and brought in "an expert!". I don't think the fine was big enough for the fatality but I sometimes sympathise with the hiring business who believes they have hired competent contractors, only to be let down and someone ends up suffering an injury or losing their life.
Tomkins26432  
#2 Posted : 04 July 2012 10:56:38(UTC)
Rank: Forum user
Tomkins26432

If the fine was imposed against the principal contractor (PC) the court must have felt that they had not done their best to appoint competent subcontractors or managed the subcontractors properly? Sometimes the "expert" you bring in is an expert in their field but not in the management of H&S, which is what you are looking for from your PC. In my role I find trying to convince department heads that they cannot assume a contractor knows everything and that by "subbing" work out they are not in fact subbing out responsibility.
KAJ Safe  
#3 Posted : 05 July 2012 12:38:07(UTC)
Rank: Forum user
KAJ Safe

I agree with the PC but the case where a company brings in a roofing contractor. All paperwork was supplied and deemed suitable. The contractor then failed to follow their own procedures (resulting in a fatality of a co-worker) and the hiring company got fined (along with the roofer). In my opinion, the hiring company has identified that they need to out source this type of work, they bring in a reputable firm!!! the only way a company could supervise would be to go up on the roof themselves. Personally, I would have tried to argue this but maybe there was some other evidence that was not published which found the hiring company guilty.
Dean Elliot  
#4 Posted : 06 July 2012 10:20:03(UTC)
Rank: Forum user
Dean Elliot

KAJ, If it truly was a case that the company failed to follow the procedures, there would be good grounds for appeal. They are not required to supervise external contractors but they should have ensured competence and the planned method was within industry guidelines. I would guess that although the paperwork was deemed suitable - it probably wasn't.
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