Rank: Super forum user 
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Good morning all,
this subject has been on the forum many times but a cannot find examples through the search function.
I'm seeking clarity on what an employer is required to provide (if anything) in terms of PPE for labour only contractors / workers. The guys work under our risk assessments and safe systems of work. We currently provide all PPE to ensure their PPE is the specification we have assessed, however, I feel this is not our obligation under Section 9 HSWA as they are not 'employees' but workers?
Any advice or link to previous discussions much appreciated.
Cheers
Simon
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Rank: Super forum user 
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This is a difficult topic as the status of a worker is dependant on a number of factors. In short, you are correct that only the employer is obliged to provide PPE. However I believe for contingent labour you would be deemed the employer from a health and safety perspective. As you already provide PPE and RAMS you have in effect become the employer.
The only alternative I can see is not to provide PPE and to ask the contingent labourers' employer to provide it, if they don't then they cannot be allowed to work on site - not much use to anyone. You could charge their agency for providing the PPE.
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Rank: Super forum user
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Just to confuse the issue, perhaps:
HASAW, Section 3-(1):-
It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practical, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their or safety."
If PPE is required for employees, how will you ensure that you meet this duty without providing those persons (who presumably will be exposed) without appropriate PPE?
Chris
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Rank: Super forum user
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Gents, two very interesting responses, thank you!
Ok, I think we accept that because the workers follow our risk controls and safe systems of work, we will provide them (as we already do) with PPE kits. Our dilemma is that we are growing, and some of the workers (contractors) we use are also growing. We are now faced with contractors (all self employed working for a single guy/company but not employed by said company) up to anything like 12 strong (they all have individual PL insurances). This is the reality of what we are seeing in the field and will become a significant outlay of PPE as you can imagine. Any further thoughts?
Additionally, we've never issued safety footwear to non-staff, however, this is something else we may now have to reconsider?
Finally, with regards to equipment used for safety such as GS38 test probes for fault diagnosis etc., should we also be providing this kind of equipment to satisfy Section 9 HSWA or as Chris infers Section 3.1 HSWA?
So many questions
Simon
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Rank: Super forum user
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As a rule the provider of labour and contractors is the employer and owes his staff a duty of care regardless of their self-employed status. He should be providing PPE for his staff - after all, he is making money from their gainful employment!
Add providing PPE to the T&Cs of the contract and if labour arrives without the appropriate PPE you can contra charge the agency at a premium rate - job done.
Specialist equipment as you have described is not normally classified as PPE and may not be provided by agency staff unless articulated in the T&Cs. However skilled technicians would be expected to provide their own specialist equipment.
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Rank: Super forum user
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Ray, great advice as ever, many thanks, we know now what to do!
Cheers
Simon
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Rank: Super forum user
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SP900308 wrote:Ray, great advice as ever, many thanks, we know now what to do!
Cheers
Simon
Ha, I'm thinking of making a career of this h&s lark...
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Rank: Super forum user 
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RayRapp wrote:As a rule the provider of labour and contractors is the employer and owes his staff a duty of care regardless of their self-employed status. He should be providing PPE for his staff - after all, he is making money from their gainful employment!
Add providing PPE to the T&Cs of the contract and if labour arrives without the appropriate PPE you can contra charge the agency at a premium rate - job done.
Specialist equipment as you have described is not normally classified as PPE and may not be provided by agency staff unless articulated in the T&Cs. However skilled technicians would be expected to provide their own specialist equipment.
Damn! Was just about to reply similar until I see this great response :-)
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Rank: Forum user
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We often use Labour Only guys on site. They may come to us directly or, as above, several may come courtesy of a "Labour Master" for want of a better phrase. Technically they are all self-employed.
We generally have a supply of Hard Hats, Gloves, Dust masks and Hi Viz on site that we can supply, but many bring their own.
We wouldn't consider providing boots or other work-wear type PPE
Andy
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Rank: Super forum user
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Where the user [employer] controls people them irrespective of the perceived status of those people the employer holds the liability and has employer duties
And where people are 'technically self-employed' in many many cases this technicality has been thrown out in the courts as most so called self employed people are not really self employed especially if the user employer is controlling them on a day 2 day basis
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