Rank: Guest 
|
Posted By Adrian_Suarez
Recently I had one of our subcontractors turn up to do a job on one of our sites. He turned up unannounced and unloaded some steel work onto the pavement outside the site with no disregard to public safety.
We have now been charged for not taking reasonable care for the health and safety of our employees and those not under our employment. Surely the subcontractor is responsible for its own negligence, since this occured outside our site. Furthermore, if we were not informed of their arrival there had not been an offical handing over of the steelwork to us.
Am I right in thinking that they have charged us just for being the Principal Contractor eventhough there had not been an official handingover to us?
|
|
|
|
|
|
Rank: Guest
|
Posted By ddraigice
It's a difficult one.
I dont know the set up of the site and it may have been all too easy to arrive with no-one noticing, however, the law would class you as being in overall charge. Instructions should have been given to the sub-contractor about deliveries etc. and rules of how to conduct themesleves and their work.
Tough I know but they also carry the responsibility as you say. Time to find a new subby.
|
|
|
|
|
|
Rank: Guest
|
Posted By Tommy Cooper
As one will know from basic health and safety,
work undertaken for a client by a contractor is usually covered by a civil contract. It
is good practice for health and safety requirements to be written in to such a
contract. However, health and safety responsibilities are defined by the criminal law
and cannot be passed on from one party to another by a contract.
In any client/contractor relationship, both parties will have duties under health and
safety law. Similarly, if the contractor employs sub-contractors to carry out some or
all of the work, all parties will have some health and safety responsibilities. The extent
of the responsibilities of each party will depend on the circumstances.
|
|
|
|
|
|
Rank: Guest
|
Posted By Charley Farley-Trelawney
Adrian
I assume this subby has been through your assessment and full induction procedure; I also assume that they would be familiar with your requirements regarding safety, procedures, notification etc. It would seem that the chain of communication has broken down and the S.C has taken the decision to work as he/she wishes; clearly this is not what you desire and one should look to suspend all activities by this S.C pending further investigations.
It is your site; as P.C you are responsible in the main for what takes place on or in it; had something really serious taken place and someone had been hurt then the investigation would almost certainly conclude that the S.C as well as the P.C would be under investigation. It is impossible to forecast an outcome without further information. Do you have an audited paper trail that you can show to the investigating authorities? And can you demonstrate with evidence the procedures you have in place for the control of S.C's, the one you refer to in particular?
All the best
CFT
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.