Rank: Super forum user 
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Company A wins a contract to install shop signage at Company B
Company A employs Company C (contractor) to do the install
Company C employs Company D (Sub contractor) to do the install
During install at the premises of Company D (sub contractor) employee falls from height and is injured.
Who would be most liable?
In terms of safety management, there was pretty much nothing in place, no RAMS, no supervision, no assessment of any contractor competency etc.
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Rank: Super forum user 
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Stonecold
I would suggest all are equally liable
The Client for not checking SSOW in place, The Contractors who subbed out the work, likewise and the contractor doing the work.
A no win no fee firm will have a field day.
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Rank: Super forum user 
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'Most' is a value judgement though and will depend upon more detail than is likely provided here.
The fact that A, B and C didn't ask basic questions of D (or each other) doesn't excuse D from being unsafe. Typically, to my mind, the organisation 'most' at fault is the employer of the injured party, all other things being equal but clearly A, B and C have duties of care both at civil and criminal law.
Unless you're arguing mitigation and %'s in Court I'm not sure its the 'most' useful discussion to have. ;)
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Rank: Super forum user
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Hi thanks for the replys so far, I do have my own view, and its pretty much in line to whats already been said, I work for company A by the way. Agree that all companies have the potential to face financial penalties.
My question is fictional, no one has actually been injured thankfully. No yet anyways.
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Rank: Forum user
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This was a real event from a few years ago....
I worked for Company A on Company B's site with Company C as the landlord.
Contractually, we were responsible for appointing D as Principal Contractor under CDM 2007. As part of this we confirmed competence etc of D, including their ability to manage their supply chain accordingly. They had RAMS etc in place, and we carried out inspections etc on a regular basis.
D appointed E to carry out painting and decorating of the final build. The build was competed and snags etc identified, so E appointed F to complete some of the snags during which time F fell from a mobile scaffolding and broke his elbow!!
The 15-day HSE inspection exonerated A, B and C as the safety management systems were deemed sufficient. D and E were found guilty and punished accordingly due to lack of suitable controls and supervision.
I hope that this makes sense!!
Pete
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Rank: Super forum user
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There are plenty of real cases like this. Only the court will decide who is responsible or who is more responsible. As a rule the onus lies with the PC and/or the IP's employer, but as other have said, all of those are potentially liable under HSWA and CDM regs with arguably the Client less liable depending on the actual circumstances.
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Rank: Forum user
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There is a similar test case that I use when delivering IOSH MS. It involved Dundee Cold Stores who contracted a contractor to carry out some work and they in turn sub-contracted to another company.
I found the detail on the HSE test case site, but if you google Dundee Cold Stores 2012, you should find it
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Rank: Super forum user
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kdrum wrote:There is a similar test case that I use when delivering IOSH MS. It involved Dundee Cold Stores who contracted a contractor to carry out some work and they in turn sub-contracted to another company.
I found the detail on the HSE test case site, but if you google Dundee Cold Stores 2012, you should find it
Excellent. Thank you
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