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Duties of a contractor when sub contracting work.
Rank: New forum user
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I'm after some advise about the duties of contractors towards their sub contractors. I work on a large site and we currently contract part of the process out to a contractor(1). This contractor(1) has made the decision to subcontract part of this process out to another contractor(2) who in turn subcontract part of this out to another contractor(3). All three contractors are based on our site.
What duties are there on the contractor(1) to subcontractor(2) and subcontractor(3) or can someone point me in the right direction to find the answers.
Hope this makes sense
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Rank: Super forum user
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Andrew
Try looking at Regulations 11 and 12 of the Management at Work Regulations 1999, that should give you a start. Unfortunately the ACoP has been withdrawn as part of the "improvement" process.
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Rank: Super forum user
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Andrew, Brian refers to ACoP L21 for Management of Health and Safety at Work Regulations 1999.
Although it has been withdrawn, an appropriate google search for 'download hse L21' will find sources providing a free pdf .....
John
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Rank: Super forum user
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Tell subcontractor 1 that he is fully responsible for 2 and 3 as if they were his own employees. Contractually he is responsible and I am confident the HSE would also see it this way.
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Rank: Super forum user
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On a CDM and "Site" basis life isn't that simple. Whilst everyone must ensure the competency etc. of their appointments, the "Site" remains the responsibility of the main or principal contractor.
CDM ACoP L144 refers.
Any part is of course at liberty to prohibit (by Contract term) any sub-contracting, or create a permission system via contract, etc.
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Rank: Super forum user
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Assuming this is not a transient occurrence (ie short construction) but a long-standing involvement of several parties in the process, I would expect there to be some contractual arrangements in place which should clearly spell out the responsibilities and duties, including any sub-contract works. That would be my first point of call for clarification.
Regardless of what H&S law may have to say about this, I would also want to be sure about performance: if Contractor 3 or 2 fails to deliver their promised product or service, how will that effect the overall situation? Complete failure, delay, unfit product, financial effect? These may be just as significant as the safety and health implications.
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Rank: Super forum user
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Sub-contracting down the procurement chain is an issue due to the dilution it can cause. That said, all contractors have duties pursuant to health and safety law - so nothing changes there. If the contract allows sub-contracting, the sub-contractors should still be nominated and approved by the main contractor, otherwise it becomes a free for all with any old Tom, Dick and Harry turning up on site.
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Rank: Super forum user
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Ray
Spoken like a true construction person:-)
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Rank: Super forum user
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Thanks Bob, you taught me all I know - LOL!
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Rank: Super forum user
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Supply chain management controls 'should' be built into the first contract. If they are not - expect chaos and confusion. In a previous position, I was flown half way round the world by an oil major to investigate an accident... They had superb direct contractor controls but had completely neglected to specify supply chain checks, and had no effective control whatsoever on who was employed on site.
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Duties of a contractor when sub contracting work.
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