Rank: Forum user 
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Hi all
Could someone maybe clarify a position we are at .
We have had to remove a contrator from land we own on the basis we give them permision to use as a depot ie storage , chippings , some plant ect . but they took it as permission to use as sleeping accomadation with caravans , welfare ect
Ultimately they have moved on to another piece of land owned privately .So in the light of this do we still
have vicarious liabilty issues in relation to another persons private land while they are working for us a local authorty ?
Am I right in thinking that the new private land owner has responsabilty under OLA ? I believe we have complied with our concerns over environment , access & egress issues ect
" If we bring something onto our land that could cause mischief , we take it at our peril "
Does this mean other persons private land as well ?
Thanks
J
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Rank: Super forum user 
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Reading between the lines a bit, you suggest a construction project of some sort, with a duty on both you (as Client) and the PC to ensure adequate and timely provision of adequate welfare.
For me then, the issue is with compliance and discharge of CDM duty, not OLA etc.
Your issue seems to be with hitherto unknown sleeping accomodations - what was it about that which caused you concern to the extent you ejected the PC from your land?
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Rank: Super forum user 
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Joe, I'm not convinced that this matter is either vicarious liability or a CDM matter, unless the original land was part of the welfare facilities for a project - I doubt that was the case. With regards to the occupancy of private land by your contractor, I suggest you need specialist advice ie a lawyer.
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Rank: Super forum user 
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As far as I am aware your liability extends to your premises or premises under your control. You have vicarious liability for the actions of the contractor or his employees if those actions are in connection with work at your undertaking. If the contractor takes it upon himself to provide sleeping accomodation or welfare facilities on private land to be used outside your working hours then I don't see how you have any liability vicarious or otherwise. I also don't see from your original post how it can be assumed that CDM is involved here. In my view you are quite correct to say that there is a certain duty on the site owner under OLA, but not for welfare or sleeping facilities, just to make sure that nothing on the site can cause direct harm to those in occupation, trespasser or otherwise.
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Rank: Super forum user
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As to bringing something on to your land that can cause mischief, that sounds more likely to be in connection to strict liability if the said inhabitants caused for instance a noise nuisance,. Even then the liability would fall on the land owner.
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