Hi All Pretty sure I already know the answer, but I just need clarification. As a company I supply and deliver a Generator to one of my customers on their site. At the end of the contract I use a sub-contactor (Transport Company) to pick up the Generator from the customers site and return it back to my site. The sub-contractors policy for Lone Working requires someone to be at the customers site during the pick up. However, the customer will not guarntee this. Whose resposibility is it to ensure the safety of the sub-contractor? Many thanks in advance and have a great christmas. Regards

I agree with Brian, a tricky situation as the duty is in theory shared between you, the sub-contractor and the recipient of the goods. In short, each have duties to ensure the safety of the delivery driver. I suggest primary responsibility lies with the employer of the driver pursuant to HSWA s2. That said, they can only do what is reasonably practicable, making sure there is another person at the recipient's premises may not always be possible. If the recipient cannot guarantee another person, then there is option not to collect the generator - probably not an ideal solution. Hence the sub-contractor should consider what other controls can be put in place regarding Lone Working. The recipient also has a duty to ensure, SFAIRP, the health, safety and welfare of the delivery driver whilst on his premises. However I would not rely on this as a cop out. Finally, you as a client have some degree of responsibility for the sub-contracto's driver. I suggest, however, your responsibility is less onerous than the aforementioned. The thing about health and safety legislation is that it is designed to ensure that if 'something' goes pear shaped 'someone' will be liable - who, depends on the vagaries of the material circumstances. Have a merry Xmas.