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Posted By Jane Ling
I would welcome people's views on the following situation.
We as a housing association have a fairly unusual apprenticeship training scheme. We employ trainers in brickwork and joinery who train apprentices (mostly under 18), employed by the contractor on one of our building sites. We train the apprentices to SVQ standard in both brickwork and joinery on site instead of requiring lengthy periods in a classroom. However we do also have a workshop for training in specific woodwork tasks.
The question which is constantly under debate is what is our responsibility/liability from a legal/moral point of view with regard to health and safety.
I have my own views but would welcome other H&S professionals' views.
Jane
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Posted By Kenny McGillivray
Hi Jane
This is an area which has been the subject of great debate in training circles for many years. I can only assume from what you say that you have a contract from your local TEC (LEC in Scotland) to supply the training.
Your trainees are termed employed status and there are varying arguments as to the responsibility of training providers for employed status trainees.
You certainly have a duty under section 3(1) of HASAW act to ensure that those not in your employment are not exposed to risks from your undertaking.
However I would certainly enter into an agreement with the employer that he/she will ensure the health & safety of the trainees you manage. I get the employer to sign an agreement to this effect.
The trainees who visit your workshop although employed status are a slightly different matter. They need to be looked at very carefully with the whole aspect of risk assessment, information, instruction and supervision comeing into play and your responsibilities when they are with you.
There are many other aspects in of this that will require your attention depending on the contractual arrangement you have with funding bodies if any?
Don't know if you are any the wiser
Kenny McGillivray
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Posted By Paul Leadbetter
Jane
Section 3 HASAWA surely applies although, depending on the exact circumstances, the apprentices may be regarded as your employees, for health and safety purposes, in which case, section 2 applies.
Paul
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Posted By Jane Ling
Thanks for the help. Kenny, your detailed response was along the lines I was thinking but good to have it confirmed.
Jane
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Posted By steven bentham
For what is worth, I would not worry about which section(s) you think may apply of HASAWA; I would make sure the young persons are safe, properly supervised, properly inducted, proper ppe, restricted from certain higher risk machining activities, you have a monitoring system, an accident reporting system and can audit the lot. Which I am sure you have.
If there is a problem the Inspectors will sort the legal issues out regardless of your views.
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Posted By David J Bristow
Jane
I look after people for two different organisations where we place them with employers and the employers "train them", although different types of training takes place.
I think the answer to the question you asking can be found on the HSE Website under the heading - THE HEALTH AND SAFETY (TRAINING FOR EMPLOYMENT) REGULATIONS 1990.
You need to read the first paragraphs 1-10 and I think this will answer you question, hopefully.
Who may be ultimately responsible and what section of HASWA covers them will depend on whether they are classed as "RELEVANT TRAINEES" or not.
Hope this helps.
Regards
David B
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