Rank: Forum user
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Are there any legal requirements (H&S Env. Statutory inspection requirements) that a company can transfer to their contractors.
OR will they be held jointly responsible should something go wrong.
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Rank: Super forum user
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Unfair contract terms 1977 act makes it unlawful to transfer legal duties by way of contract. You can transfer some risks, certainly, but the actual requirements (to ensure so far as reasonably practicable etc etc) can't be transferred. You can transfer the management of those risks and so on, but not the accountability,
John
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Rank: Super forum user
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They will be held jointly responsible.
Although jointly isn't the same as equally.
It will entirely depend upon the situation, competence of both parties, size of both parties, due diligence in advance and a whole host of other factors.
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Rank: Forum user
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At my company, contractors is a big issue, even when we contract out an activity, indicating the contractor is responsible for their own safety, and evaluating them as being competent, the HSE have pushed us further than expected in what we should be doing to supervise them.
In short, whatever you think you can reasonably expect a contractor to do, you may well need more supervision/checking of contractors than you initially thought.
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Rank: Super forum user
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There are some exceptions WEEE springs to mind, but as a rule you cannot transfer liability to another person or organisation. Sometimes a joint liability may arise but that all depends on the actual circumstances. Very often the PC will be held responsible for actions of their sub-contractors, but again, it does depend on the material facts of the incident. Just as well you cannot transfer liability as it would be a right old merry go round!
The HSE have stated there is no need to closely supervise sub-contractors. If you have selected competent contractors in the first instance, provided all the necessary information and support then there should be little to concern yourself...or, interpret it as you wish.
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Rank: Forum user
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Thanks all for your posts. You confirm my own opinion.
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