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Kloppite  
#1 Posted : 13 October 2016 10:00:25(UTC)
Rank: Forum user
Kloppite

Good morning all

We are sub-contracting out some pointing work to a guy who is self employed.

Do we need Risk Assessments and Method Statements from him due to the fact that his company employs less than 5 people ?

The facilities management company we are working for insist on them from us.

Due to the nature of this work, some of which is at height I want to err on the side of caution and insist on them .

Any input would be appreciated .

johnmc  
#2 Posted : 13 October 2016 11:08:26(UTC)
Rank: Forum user
johnmc

Your site your rules, regardless of the number of employees there must be a safe system of work in place.  The 5 employees relates to documented systems however how can you demonstrate this without written evidence.  This is not to say that help to comply should not be offered, as a profession I believe that we should be providing help to those in need, IMHO, John.

RayRapp  
#3 Posted : 13 October 2016 11:12:26(UTC)
Rank: Super forum user
RayRapp

Good afternoon

The requirement to provide RAMS has nothing to do with whether he employs less than five people from the client's perspective. To ensure the subbie can carry out the job safely it is prudent to ask for RAMS especially if there is high risk activities like W@H. The subbie could work under your RAMS if you both agreed, for one-man-bands this is often the sensible option as they are unlikely to have sufficent documentation.
Kloppite  
#4 Posted : 13 October 2016 12:30:11(UTC)
Rank: Forum user
Kloppite

Originally Posted by: RayRapp Go to Quoted Post
Good afternoon

The requirement to provide RAMS has nothing to do with whether he employs less than five people from the client's perspective. To ensure the subbie can carry out the job safely it is prudent to ask for RAMS especially if there is high risk activities like W@H. The subbie could work under your RAMS if you both agreed, for one-man-bands this is often the sensible option as they are unlikely to have sufficent documentation.

I was lead to believe that if he works under our RaMs then he will also fall under our insurance !

A Kurdziel  
#5 Posted : 13 October 2016 13:00:19(UTC)
Rank: Super forum user
A Kurdziel

There is some confusion here:

1. If a person is a one man band then they do not need a risk assessment dealing with their own safety.

2. But they should do one if their undertaking might affect
the H&S of others in this case if they were to fall onto you staff or drop something onto your staff.

3. You have a duty to protect your staff, which means that
you have to check to see that people working on your site have taken appropriate precautions to protect your staff. So they need to provide you with a risk assessment.

4. The issue of 5 or less employees in this case is a red
herring; it refers to employers (not the self- employed) not having to record (ie
commit to writing) a risk assessment if they employ 5 or less staff. If their
work affects someone else then that other person can demand a risk assessment from them.

5. Second red herring: If your insurance says that then you have signed up to the wrong policy!


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