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Posted By Graham Sargeant
Can any one help clear up a theoretical question that came up the other day at work, during a meeting. A double glazing firm uses self employed window fitters, these contractors supply their own power tools (mainly drills/grinders)to use at work, I suggested that both the window fitter and the company they work for have a responsability to ensure these are safe, and if there were an accident involving one of these tools the window company could not use the fact they didn't supply the tools to pass on any responsability.
Any comments appreciated.
Thankyou all.
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Posted By Geoff Burt
Graham
To put this another way then, and in a more general context, are you suggesting that:
Self employed sub-contractors employed for their skills eg brickies, chippies etc, provide their own tools but do not have any responsibility for the quality or serviceability of them.
Geoff
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Posted By Graham Sargeant
Geoff thanks for your reply, what I'm suggesting is that I personally think that the self employed contactor is responsible for ensuring the tools they use are safe, and also the the company employing their services have a duty to ensure that the tools being used by their employed contractor are safe,
I'm not sure if I've got the right idea, any comments appreciated.
Graham
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Posted By Geoff Burt
This is normally got around by the main contractor/PC or whatever (in this case the window company) having provision in their contract with the sub-contractor (self employed in this case) to the effect that the sub-contractor is responsible for having his/her electrical equipment regularly tested.
Some PCs will monitor this is happening but in the main it is either a token form of monitoring or it's left to the sub-contractor on the grounds you employ a skilled person to do a job and have the right to expect they will do it competently and safely. (real life!)
If monitoring is in place it is more clear cut and the responsibility lies with the sub-contractor.
Should there be a serious accident the PC would be the initial target but would be able to show they had systems in place and documentary proof they had been implemented.
I suppose this is complicated slightly by the fact that an employer is automatically liable if faulty tools are supplied.
A thought - a self employed person purchases his/her own tools - could they sue themselves?
Geoff
Geoff
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Posted By Ken Taylor
From my observations, it's more likely to be the condition of the trailing flexes that is questionable.
One point to consider is whether there is someone in control of a workplace. Whilst this is unlikely to be an issue in private domestic premises, it could well arise with new-build and industrial installations - where a duty of care will be owed by the person in control who will need to give appropriate attention to discharge that duty.
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