Rank: New forum user 
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Good Morning,
I work for a FM company, and I have had a enquiry from our Sale Consultant on a potential client.
What I wanted to enquire with you on how we should be approaching clients that have openly admitted that they are non-compliant.
1)We are openly sending engineers into sites that are not compliant working on items such as the electrics knowing we cannot suggest that they are safe. Who is at fault if something happens? Us as the employer or them as it is their site? This goes for the engineer, staff and public?
2)If something happens, for example, like a fire occurs and the last person to work on the distribution board was us, what would happen? It could be due to faulty wiring which would be picked up on a FWT potentially but again who is held at fault?
Please can you help.
Thank you
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Rank: Super forum user 
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Not quite sure what sort of responses you are looking for here?
If the company is non-compliant, have admitted/ are aware of this and are actively engaging in dialogue with you, then you have a good start in my opinion. If they were compliant then they wouldn't need you. If they were non-compliant but refused to see it then there is little you could do, but...
It sounds like they are open and ready to listen. I wouldn't however give them free advice, but perhaps suggest an audit in the first instance (for a fixed fee) and then work from there.
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Rank: New forum user
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Thank you WatsonD for your response, very good point.
Only thing is we are not sure how keen the client is to put everything right...
Our engineers will always report any non-compliance and quote to put right, but then it is still up to the client to approve.... they may go ahead they may not!
We just worry that if we was called out to work on distribution board but then they had a fire following faulty wiring (nothing to do with the work we did), would we be at fault because we was the last engineers to work on the electrics.
P.S Please bare with me.... I'm new to the H&S world.
Thank you
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Rank: Super forum user 
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There are many clients out there who are non-compliant with legislation and industry good practice for all manner of reasons. All you can do is to ensure your engineers report any defects and other safety concerns to the client and keep a copy for reference. If things should get really bad a senior manager from your company should put their concerns in writing to the client.
Your company still has responsibility for the health and safety of your employees and if the issues should be so unsafe then I suggest they are advised to walk away, otherwise you are as liable as the client should there be an incident. Unsatisfactory perhaps, but the alternative is even less attractive.
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Rank: New forum user
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Thank you RayRapp and WatsonD for your responses. Seems much clearer now.
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Rank: Forum user
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As the client has approached you and stated they are not compliant, it would seem sensible to agree with them a program of actions that will bring them to a state of compliance. As has been previously stated, first up must be an audit to identify the areas of non compliance. Then, when identified, a program and timescale of how these areas can be brought to compliance.
In respect of your engineer, if in his opinion, the premises were unsafe even to carry out an initial audit, then your potential client really does need your services.
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Rank: Forum user
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nicolaroper34096, prior to you sending engineers on site you will have some sort of defined scope of work. There will be terms and conditions agreed between your two parties.
You need to add a section on H&S which will give you leverage when situations like this arise. CLIENT shall...blah blah blah, SUPPLIER (you) shall...blah blah blah.
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Rank: Super forum user 
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There's "non compliant" and there's manifestly unsafe and dangerous.
If your company engineers were foolish enough to do work on an installation and leave it in the same unsafe and dangerous state then the liabilities for them and for your organisation don't bear thinking about.
Your Insurers would immediately disown you if anything went wrong and your professional body likewise.
By all means engage to initiate a program of improvement towards compliance. Maintenance, repair or alteration to a dodgy system? No thanks!
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