Hello,

I am, amongst other things, a health and safety co-coordinator at building surveyors (like a loss adjusters but for smaller value claims). We get property insurance claims from Insurance companies to validate and the company have a delegated authority to settle or repudiate the claims on behalf of the insurers.

I have no concerns regarding the health and safety at the office but I am concerned we are not fulfilling our duty of care to the surveyors who we send to validate the claims. Their contract states they are self-employed and are contractors to us and ultimately subcontractors to the Insurers. They have their own public liability insurance and get paid a set fee for the each report/claim they do. They also pay their own taxes and supply all their own equipment.  On the other hand they settle claims under the companies’ delegated authority, have a contract with us, can’t work for a rival company and the majority of their income will come through us.

The hazards they are exposed to are working at heights (they have to go up ladders to gutter level to validate roof claims) and they are exposed to hazardous substances because they have to try and clean carpets before settling for a replacement.

The surveyors only get a one day health and safety training at the office with no follow up training. Some surveyors have been working with us for over 10 years.

So my questions are;

What is the surveyor relationship to the company from a health and safety view? Are they classed as employees or contractors?

It they are contractors what is the companies duty of care to the surveyors and the insureds/public?

Finally what is the minimum we should be doing for the surveyors to make sure they are safe and working in a safe manner (I.e. audits, annual training)?

Please let me know your thoughts.

Kind Regards