Hello ALL

Are there any Regulations ,legal statements or written rules etc, anywhere on the Health & Safety arrangements/responsibilities for workers sub-contracted from a company that is not a agency to another company. I do understand any operative working on a site comes under the jurisdiction of the company operating the site,but what are the legal duties of the parent company in regards to Health & Safety of its workers that are sub-contracted out .

Thank you

Allan

Stating the obvious perhaps, but contractual arrangements should be in place to identify roles and responsibilities. Furthermore, whether a worker is employed for service or an employee will depend on a number of variables. However, normally it will depend on the master/server principle ie who is giving instructions to whom?

The employer is legally responsible for his employees and cannot absolve himself of liability by passing them on to another. The employer will need to ensure himself that any sub-contracted out staff are properly protected, risks have been assessed and mitigated. Legally in most cases there will be a joint liability between employer and sub-contractor ie - Section 2/3 of HSWA will apply. The bottom line is that both companies need to work together and agree the terms and conditions for workers.