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gramsay  
#1 Posted : 23 October 2012 10:27:28(UTC)
Rank: Super forum user
gramsay

One of our supervisors may be seconded to our client's team for six months, acting as 2nd in command of a 14-person group. The role is virtually identical to his duties with us, and he would continue to be on our payroll, with us invoicing the client. The work involves a maintenance workshop including welding & gas cutting. I was asked yesterday about H&S implications (HR are already on the case), and so far I've been thinking about:

accidents to our employee
accidents to others in which our employee is involved in a supervisory role

Competence would seem to be key here - our employee needs to be able to understand the competence of those he'll be supervising, and he also needs to understand the local procedures and how they may differ from ours. I'm thinking that (assuming his qualifications and experience are acceptable to the client) this could be achieved through a thorough induction. An agreed statement of the service we provide to the client would also be important (similar to a job description if he was employed by the client).

We already deal with accident investigations for employees working on client sites, and where we would report under RIDDOR, we'd cooperate with the client in an investigation in this case.

Does this sound reasonable, and have I missed anything vital? This could be an excellent development opportunity for our guy, it's just a new situation for us.

Thanks
chris.packham  
#2 Posted : 23 October 2012 10:50:02(UTC)
Rank: Super forum user
chris.packham

Does your client have his own health and safety advisor/team? If so, then I would suggest a first step is perhaps to contact them to discuss how they view this issue and how you and they could collaborate.
Irwin43241  
#3 Posted : 23 October 2012 11:18:22(UTC)
Rank: Guest
Guest

I think an important point to make is your organisation remains firmly the employer of the secondee and as such should ensure the clients health and safety arrangements at least meet minimum legal requirements.

I would also suggest / agree some form of service level agreement is put in place and the secondee fully understands what his duties will be for the duration of the secondment with the host employer.
tabs  
#4 Posted : 23 October 2012 12:47:31(UTC)
Rank: Forum user
tabs

If you have access to a lawyer I would put this in front of them. The reason being vicarious liability, your company would be liable for any poor decisions made - the client's insurers have no contract with you so would be merciless in coming after you regardless of what you agree with the client. You are still paying the man, so he represents you.
Ideally you would set up a legal status of "agent" or similar - so your employee would effectively be acting solely on behalf of the client, not yourselves for that period.
You obviously have an obligation to ensure that you and the client cooperate to ensure the employee is fully aware of the potential risks he is exposed to, and what his legal obligations are too.
HR will need to agree things like disciplinary issues - you need to establish things like him being instructed to work against your standards, or his own best judgement (pressures of work sometimes brings out the worst in the client).
gramsay  
#5 Posted : 24 October 2012 11:55:53(UTC)
Rank: Super forum user
gramsay

Thanks for taking the time to reply, everyone, very useful.
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