Hi,

Working in the construction industry and we had a discussion on site lately.  As the topic says, do H&S Managers have right to check subcontractor's containers (tools, coshh containers on site)? 

Asking about rights implies you either disagree with someone seeking to inspect your container or that someone has disagreed with your attmept to inspect their container.

UK sites are covered by CDM which requires co-operation between the principal contractor and others working at site.

The principal generally holds the over arching responsibility for H&S at the site which would include those parts occupied by others.

That said there is no absolute right for an H&S Manager to demand doors be opened nor access granted.

Such stand off's can be avoided by correctly worded engagement contracts e.g.

The principal, or their appointed representative, will be permitted on issue of suitable notice to inspect those areas of the site locked against common access by others working at site for a stated purpose. A similar clause for inspection under cause e.g. suspected acquistion / theft of property belonging to others would also exist.

The job of H&S Manager does not come with any rights at all, only responsibilities.  Using the language of rights will only lead to conflict.

So where there is a need, as there sometimes is,  to inspect other parties' stuff, this first has to be agreed with them.  Depending on the situation this might be in advance, or case by case.  On a construction site such a need is very foreseeable so it would be best to do this in advance, preferably through contractual agreements that everyone is clear about.

Yes, H&S Managers generally have the legal right and responsibility to inspect subcontractors' containers (e.g., tools, COSHH containers) on-site, provided they are acting within the scope of their duties and ensuring compliance with applicable health and safety regulations. This authority stems from:

1. Their obligation under the HSWA 1974 to maintain a safe working environment.
2. The principal contractor’s duties under the CDM 2015 Regulations to monitor subcontractor compliance.
3. COSHH regulations requiring hazardous substances to be safely stored and properly labelled.

Subcontractors are also legally obligated to cooperate with these inspections under HSWA (Section 7) and CDM 2015. The inspection process must, however, be conducted reasonably and professionally to avoid claims of overreach or interference.

Originally Posted by: firesafety101

So on the other side of the coin can a sub contractor refuse the request without consequenses.

Given they have been sub-contracted there would be, if not a written statement (contracts typically mention which legislative jursidiction covers an agreement), an implied obligation to comply fully with UK legislation and site arrangements - there always remains the sanction of dimissal.

Originally Posted by: firesafety101

So on the other side of the coin can a sub contractor refuse the request without consequenses.

Trouble maker ;)

Originally Posted by: stevedm

Yes, H&S Managers generally have the legal right and responsibility to inspect subcontractors' containers (e.g., tools, COSHH containers) on-site, provided they are acting within the scope of their duties and ensuring compliance with applicable health and safety regulations. This authority stems from:

1. Their obligation under the HSWA 1974 to maintain a safe working environment.
2. The principal contractor’s duties under the CDM 2015 Regulations to monitor subcontractor compliance.
3. COSHH regulations requiring hazardous substances to be safely stored and properly labelled.

Subcontractors are also legally obligated to cooperate with these inspections under HSWA (Section 7) and CDM 2015. The inspection process must, however, be conducted reasonably and professionally to avoid claims of overreach or interference.

Sorry but this does not give you the right to do what you suggest - however if the subby is failing in THEIR resposnibilities i would suggest it give you the right to boot them off site. As i have said above personaly i feel its best that everyone knows that site inspetions will be carried out from time to time and that has been agreed by all. HASWA places DUTIES on us it grants POWERS to inspectors. 

During my construction site inspections, I often found myself in contractors' offices and storage containers. While I had a good rapport with most contract managers, there were always a few who questioned my authority. Interestingly, these were the ones where issues were most prevalent, such as overalls and gloves on open-element heaters and poor housekeeping standards.

Note: For these reasons, we introduced SHEQ Requirements Standards that all contractors signed up to, which included an agreement to enter their containers.