Hi, I was just wondering if anyone else has any experience of conflict between HR and H&S - Construction advisers I'm sure will know what I mean given the transient nature in the difficult climate. If you are sub-contracting labour, on a small business scale, we should ensure they are aware of our risks etc. and if possible have some controls in place to check they know a good deal about own arrangements. On a single person basis, it's often easier to treat them the same as employees, regarding the info we give them. But I'm wondering whether a lack of other controls could prove an issue as to proving they are bona fide sub-contractors - Any experienced knowledge out there?

Hi Adale, This can really be a minefield as you probably are already aware. Irrespective of whether a contractor is Bona Fide or not, a lot will depend on the services provided and how the sub - contract is written. ie Labour Only Sub Contractors. Having gone through this at great length with our insurers all our LOSC's work to our MS,RA & SSOW. They have it all explained at induction of each project and then sign to accept as if it was issued by their employer. There are also certain requirements that they MUST fulfil to be classed as Bona Fide in the eyes of HMRC. Your insurers should be able to give advice on liabilities etc. Hope this helps Clive