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Posted By Jane Watts
I assume it applies to contractors who we employ? It certainly would under the HASAWA wouldn't it?
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Posted By Jane Watts
So, self employed contractors or one/two man bands, we do not have an obligation towards to ensure they comply with the Directive? Basically we do not have to control if they go over the 48 hrs PW in a 17 week period?
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Posted By Heather Aston
Jane
I think the point is that you don't have an obligation towards contractors at all under the WTD. It's up to their employer to comply with the Regs regarding their hours of work.
The Regs don't apply to self-employed persons as defined on the DTi page for which I gave you the link.
Heather
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Posted By Jane Watts
Sorry to bleat on about this, just to re-cap...
If we're employing contractors (which are employed by a company, not S/E), the company they are employed by have the responsibility to ensure they do not exceed the hours in the Directive?
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Posted By Heather Aston
Jane
try this page http://www.dti.gov.uk/er...e_regs/wtr2.htm#section2 which relates to the application of the hours worked limit.
You will see it refers to EMPLOYERS all the way through. It even defines what one is. No you are not responsible for applying the WTD to contractors who are not your employees.
Not sure if I'm just not being clear here or if you're after an answer from someone other than me?
Or is it just Friday?
Heather
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Posted By Frank Hallett
It's always a pleasure to see you developing a particular thread Heather.
However, if I may extend the dialogue, I suspect that an important subsidiary question has not been asked - "What can we do about it with contractors?" appears to be the point.
Jane, you must have procedures in place that ensure that your contractors implement the rules - whatever they may be - and don't expose any person to any unnecessary risk.
And - Yes, it might be 'cos it's Friday.
Frank Hallett
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Posted By Heather Aston
Frank
At the risk of confusing the issue even more. Whe you say "the rules" are you refering to the WTD rules about hours worked that Jane asked about or your rules in general including H&S rules?
Jane's question is very specific and related to the hours being worked by contractors. My answer is that it is not their responsiblity to police this - for example to check if their contractors have signed the opt-out or not.
Obvioulsy they have other responsibility towards contractors under more general H&S law - but not under the rules brought in by the WTD.
Heather
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