Rank: New forum user
|
Hi, its my first post so please be gentle...
Where do the responsibilities begin and stop for us (the client) if a contractor (or a sub contractor to the contract company) has an accident while on our premises? Here's the scenario - a contract cleaner has an accident while cleaning our toilets. Should we (the client) simply wait for the accident investigation from the contract company (and obviously record it on our accident system), or should we insist we should be part of their investigation? The work being carried out is not done by our staff...
Here's INDG368 view - stating (I think) that we should investigate contractor accidents.... "Once the work has started, make sure you keep a check on how the work is going against what you have agreed. You can do this by: - regular checks – ask yourself ‘are the control measures working?’ - investigating if things go wrong, eg near misses, accidents, ill health. Ask yourself ‘what went wrong and what can we do to prevent it happening again?’"
Any thoughts would be welcome..... thanks.
|
|
|
|
Rank: Super forum user
|
Personally I would investigate because it is on your premises and work was be undertaken upon your request. You have a better idea of the scenario, set up of the scene etc so personally I would think it is worth while. did you undertake a risk assessment or them? If its you, review and take corrective action etc, if its them, make a recommendation to suit your site?
|
|
|
|
Rank: Super forum user
|
morris,
I think the issue ‘what went wrong and what can we do to prevent it happening again' should tell you that you get involved with the investigation from the start.
Also the contractor - might miss something during his investigation - might even conceal something - might omit to conduct witness interviews
basically you want to ensure any investigation is thorough.
John
|
|
|
|
Rank: Super forum user
|
In the first instance I'd leave it to them I'd not simply wait - they would be told they have x days before the report must hit my desk Then I'd review it for completeness, concentrating on root causes. and identify actions I needed to take.
|
|
|
|
Rank: New forum user
|
Thanks everyone for your replies. There are some differences in people's viewpoint, but they are all valued nonetheless. I'll be making sure all our contractor companies report all accidents into my team and that we will investigate if required.
|
|
|
|
Rank: Forum user
|
Your responsibility, as (I assume) the controller of the workplace, is to ensure the workplace is safe for the contractor to use and to ensure the contractor is aware of any risks the workplace, or your activities, presents. you are also responsible for ensuring the work on your premises is undertaken in a safe manner.
You have no responsibility to investigate incidents to a contractor on your premises, but it would be remiss, even foolhardy, not to be involved at some stage. Of course that assumes you are not "in control" of the work. If you have accepted a master-servant relationship with the contractor and are (effectively) dictating how the work is done, your responsibility is much greater.
If the incident is reportable under RIDDOR it is (always) the employer that must report. Being in control of the premises is only relevant in RIDDOR for injures to the public.
What you are responsible for and what is sensible for you to do is commonly quite different.
In this situation you have a legal liability for all persons on the premises (Occupiers Liability Act) and if there is a civil action the controller of the premises is always likely to get dragged into that action.
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.