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Kwhite426  
#1 Posted : 19 February 2024 15:34:34(UTC)
Rank: New forum user
Kwhite426

Hi

I am trying to acertain who is primarily responsible for the health & safety of a CIS registered contractor supplied by an agency to work off site at one of our contracts, with the buidling company being responsible for the site. I realise that as an employer we ultimately have responsibilty for all our employees whether they by full time or agency, but I am having dificulty finding who is primarlily responsible for PPE, training and reporting of incidents. Information from HSE get a bit ambiguis when you dig into it, could be agency,person responsible for the site or ourselves. On this occasion the agency are denying all responsibility as the worker is classed as self-employed under the CIS scheme. Any takers!!!!

Roundtuit  
#2 Posted : 19 February 2024 16:56:02(UTC)
Rank: Super forum user
Roundtuit

Sounds like you are working with an umbrella agency.

If this worker is truly self employed why are you paying wages to anyone else other than the worker?

You may wish to read up on IR35.

Either way your contract = your problems

Roundtuit  
#3 Posted : 19 February 2024 16:56:02(UTC)
Rank: Super forum user
Roundtuit

Sounds like you are working with an umbrella agency.

If this worker is truly self employed why are you paying wages to anyone else other than the worker?

You may wish to read up on IR35.

Either way your contract = your problems

HSSnail  
#4 Posted : 20 February 2024 08:09:55(UTC)
Rank: Super forum user
HSSnail

K. 

PPE regs 2022 tried to clarify who the "employer" is and therefore who providesPPE. Have you read Personal protective equipment (PPE) at work regulations from 6 April 2022 (hse.gov.uk) to decide if these contractors are limb a or limb b?

In general H&S terms as an inspector we always used to look at who had the major control of the work activity when deciding who should take responsibility.  Remember Reg 3 of management regs - coordination and co-operation where more than 1 employer occupies a site. Used to be a realy good ACOP but went under the "red tape" attack on H&S a few years ago.

Its possible to specify specific training needed as part of a contract to bring these people onto site, but its lickly you are always going to have to do site specific induction/training as you will be generating the Hazards/Risks.

Dont forget the general principle of HASAW etc 1974 - to keep people safe from work activities -and do whats reasonably practicable. Sometimes i think we get two hung up looking for a specific regulation that tells us exactly what to do.

thanks 2 users thanked HSSnail for this useful post.
A Kurdziel on 20/02/2024(UTC), peter gotch on 20/02/2024(UTC)
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