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Hi, using a contractor (self employed person) to carry out certain work for us on site, work will involve abrasive wheels, manual handling, welding etc. Just found out he doesn't have training (re certificates) in any of the above. Question is - as an abrasive wheel, manual handling instructor, can I (legally) carry out the training, no problem with direct employees, but not sure with a contractor. If we view him "as an employee" - under our direct control - then probably OK to do so.
Thoughts appreciated.
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JHF wrote:Hi, using a contractor (self employed person) to carry out certain work for us on site, work will involve abrasive wheels, manual handling, welding etc. Just found out he doesn't have training (re certificates) in any of the above. Question is - as an abrasive wheel, manual handling instructor, can I (legally) carry out the training, no problem with direct employees, but not sure with a contractor. If we view him "as an employee" - under our direct control - then probably OK to do so.
Thoughts appreciated.
If the training is good enough for your employees, ask yourself the question why wouldn't it be good enough for any one else? I would say that your training (you are a competent instructor after all) would be OK for Bona Fide or Labour Only subbies.
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Thanks for the reply - don't have a teaching qualification. Presume cant carry out for external employers, but internal (employees / "internal contractors") should be fine. Seem to have read somewhere that for example manual handing covers only employees - cant train outside employer.
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JHF wrote:Thanks for the reply - don't have a teaching qualification. Presume cant carry out for external employers, but internal (employees / "internal contractors") should be fine. Seem to have read somewhere that for example manual handing covers only employees - cant train outside employer.
I don't have a teaching qualification but would happily do training for 'external' bods if necessary!
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Rank: Super forum user
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JHF wrote:Thanks for the reply - don't have a teaching qualification. Presume cant carry out for external employers, but internal (employees / "internal contractors") should be fine. Seem to have read somewhere that for example manual handing covers only employees - cant train outside employer.
The legal duty may rest with the employer e.g. Asbestos Awareness Training, but that does not prevent anyone from providing suitable training and instruction to non-employees as well if they so choose.
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Thanks for the above. Don't have any problem training them - that's the easy bit, just wanted to be sure "things" were right. Views / legislation etc. gets modified or altered over time, often without knowledge!
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JHF wrote:Thanks for the above. Don't have any problem training them - that's the easy bit, just wanted to be sure "things" were right. Views / legislation etc. gets modified or altered over time, often without knowledge!
This board is brilliant for asking the question if we are not sure, I do it all the time!
A thought to add is that in a previous employment I taught IOSH MS & WS and I was cleared to teach NEBOSH Cert & Construction Cert. I had to get approved and evaluated by both organisations and I don't have a 'teaching' qualification to my name! If there was some legal requirement for a teaching qualification both these organisations would have prevented me delivering their courses.
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Nothing wrong if you feel competent enough to do the training, however you will need to check your insurance terms as it may well not be covered i.e. providing training to non employees may put you in to the realms of being a training provider.
Regards
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Get yourself a formal day to day training qualification as if ever there is a serious event that ends up in a real court the person who trained the people concerned will be exposed ------ as for organisations that OK people to act as trainers who have no formal training qualifications; well all they want is the money and it will not be those organisations who face a judge ----- And note that a formally trained adult trainer may be able to train the contractor but not their apprentice if that apprentice is <18! ----- and if U can train employees U can train other adults
Your business needs to make its mind up as if this is a real contractor then they are resposnsible for their own areas inclusive of training and they should be suitably insured etc. so charge them for any training or other things given to them --- if the company does not make its mind up they can be the employer with tax, and worse the social security*, coming down on them hard [*the SS have more coverage, powers etc. even than the VAT man and make the HSE and most other enforcers look like very small players]
my advice it that all contractors irrespective of size should be treated the in the same way and a clear policy be formulated to manage them and accountants + others in a company may like one man bands as its easy for employment areas + tax etc. to be 'managed' but they do not see the full risk that the business faces
best of luck
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Rank: Super forum user
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You don't need any formal qualifications in training to deliver basic h&s training, whether to employees or contractors. What you do need is a knowledge of the subject and a decent PP presentation.
This thread reminds of a scenario some years ago where the client's so-called construction manager summoned me to a meeting and asked me how do we (as the PC) know whether a contractor has had abrasive wheel, manual handling, etc training. I responded we don't. On induction we take copies of CSCS card, PTS and any another industry recognised qualification, but we don't drill down to other types of training. His response was that if he came across anyone carrying out these tasks without evidence of training he would stop them from working. Fine I said, better than that, all operatives should have Asbestos Awareness Training but I would guess only about 10% have actually received the training. Therefore you can shut down the whole site if you wish. Never heard any more about it.
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RayRapp wrote:You don't need any formal qualifications in training to deliver basic h&s training, whether to employees or contractors. What you do need is a knowledge of the subject and a decent PP presentation.
This thread reminds of a scenario some years ago where the client's so-called construction manager summoned me to a meeting and asked me how do we (as the PC) know whether a contractor has had abrasive wheel, manual handling, etc training. I responded we don't. On induction we take copies of CSCS card, PTS and any another industry recognised qualification, but we don't drill down to other types of training. His response was that if he came across anyone carrying out these tasks without evidence of training he would stop them from working. Fine I said, better than that, all operatives should have Asbestos Awareness Training but I would guess only about 10% have actually received the training. Therefore you can shut down the whole site if you wish. Never heard any more about it.
Ray, I don't get what you are saying with regard to the Asbestos Awareness Training? Could you clarify please........it's still early and I may just be being thick!!!!!
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Colossians
Not sure which bit of AAT you don't understand...however the duty courtesy of CAR 2012 reg 10 to provide AAT lies with the employer. If you engage a contractor there is strictly speaking no legal requirement to provide them with AAT or to check they have received it. Nevertheless, anyone could provide the training if they wished - you don't need any formal qualification. Indeed, I have provided AAT in-house and externally as both a consultant and employee.
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RayRapp wrote:Colossians
Not sure which bit of AAT you don't understand...however the duty courtesy of CAR 2012 reg 10 to provide AAT lies with the employer. If you engage a contractor there is strictly speaking no legal requirement to provide them with AAT or to check they have received it. Nevertheless, anyone could provide the training if they wished - you don't need any formal qualification. Indeed, I have provided AAT in-house and externally as both a consultant and employee.
My confusion was with the 10% only having asbestos awareness training. We cannot get onto any site without a UKATA (gggrrrrrrr) certificate for every individual
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All - thanks for the reply's. As has been mentioned above, yes they (contractors) all should provide their own proof of training (actual in-date certificates). For larger jobs = larger companies, they must provide suitable documentation (including proof of employee training).
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At times I have a need to carry out training for a contractor that arrives to one of our projects. Instead of sending them home for a few days to organise and complete the training, I would carry out the training on behalf of the project but my certificate would state that the training is relevant to the specific project only. If the person receiving the training abides by the legislation related to the training given then there is nothing to worry about, but you should give them all the notes relevant to the training including the notes in legislation.
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Why would anyone employ a non-competent worker and then take time out to train him. I assume you are both getting paid during the training time ?
Surely it is more cost effective to get someone in who only needs the Induction talks before starting work.
Unless you are taking them on full time PAYE of course.
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What I find difficult to rationalise with all this training is how do you gain proof of receiving it? As a rule general training like abrasive wheels, AAT, manual handling, etc, is provided by the employer with usually a paper certificate. The subbies who come to site don't carry these bits of paper with them, t you could ask their head office I suppose - but don't be surprised if they don't have a copy.
So a guy(s) turns up on site, what you going to do if he can't evidence his training - ask him to leave? I don't think so.
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I thought there was something called competence checking before hiring anyone, or doesn't that apply any more.
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FireSafety101 - yes you're right; however, if the certs are tied to a specific site (re JamesKennedy) then probably OK.
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Re above. Is it a legal requirement to have a teaching qualification (my Abrasive Wheels course was a "Train The Trainer" type - my Manual Handling was for our employees) - or is it just a "recommendation" only. There is a difference - HELP!!
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Rank: Super forum user
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It is a recommendation and not a legal requirement. The legal requirement is for 'competence' and a qualification is just one way of demonstrating that.
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Thanks for the response Kate, seems training is OK.
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