Rank: Guest 
|
Posted By Lilian McCartney
Hi Folks,
Firstly, I've tried search and can't find the answer I need, so please be patient and kind to me!
I've been trawling my on line H&S info service but can't find anything (except CDM) about checking Contractors whilst they are working for you.
Can anyone point me in the right direction? I know we need to but I require the actual 'paper' which says this - either guidance or reg.
Many thanks
Lilian
|
|
|
|
|
|
Rank: Guest
|
Posted By Jonathan Breeze
You may need to check up the current status and whether they have been amended following introduction of CDM 2007, but in the past I have referred to HSG 159 (Managing contractors: a guide for employers) and INDG 268 (Working together: Guidance on health & safety for contractors and suppliers).
Anyone know if these have changed or been updated?
|
|
|
|
|
|
Rank: Guest
|
Posted By Ian G Hutchings
Lilian
If you are looking for a legal reason to check that contractors are competent and will work safely I would refer to the Health and Safety at Work etc Act and the Management of Health and Safety at Work Regulations. It is not exact but your organisation must manage its operation in such a way as to not impart risk on others. As mentioned this is covered more clearly in CDM for construction related activity.
I would also refer you to common law duty of care and case law examples (R v Swan Hunter and others).
Drop me an email if you need anything more precise.
All the best
Ian
|
|
|
|
|
|
Rank: Guest
|
Posted By Lilian McCartney
Hi folks,
thanks for info, found HSG 159 and although it says for chemical industries it says it can be used for others.
I'd thought of HSW and MHSW regs but couldn't remember any case law (since I took ill I've lost part of my memory - which wasn't that good before right enough!).
Think I've got enough now to show this particular person I'm not lying or being awkward even though they now have extra work.
My boss is supporting me, so things are ok - not giving up yet.
thanks again
Lilian
|
|
|
|
|
|
Rank: Guest
|
|
|
|
|
|
|
Rank: Guest
|
Posted By Bill Elliott
Lilian - you could also take a peek at Managing Contractors - A guide for employers which is an open learning book produced by the HSE. Although oldish (1997) it has been reprinted several times 2004 is the last I think. ISBN 0 7176 1196 5
|
|
|
|
|
|
Rank: Guest
|
Posted By Kenneth Patrick
The employer is under a duty under section 3(1) to exercise control over an activity if it forms part of the conduct of his undertaking. The existence of such a duty cannot therefore be the test for deciding whether the activity is part of the undertaking or not. Likewise, the question of whether an employer may leave an independent contractor to do the work as he thinks fit depends upon whether having the work done forms part of the employer's conduct of his undertaking. If it does, he owes a duty under section 3(1) to ensure that it is done without risk--subject, of course, to reasonable practicability, which may limit the extent to which the employer can supervise the activities of a specialist independent contractor
|
|
|
|
|
|
Rank: Guest
|
Posted By Phil Grace
Lilian,
Lots of legal refs have been supplied - but if I read your query correctly it is the contractor that is raising this as an issue. If so, tell him you do not need a legal reason - you employ who you want and they have to jump through your hoops if they want the work. Legal requirements are just one aspect. Competence is another - you want someone who can do a good job. And don't forget insurance - you want to know that they are both competent and insured. Otherwise you may either be left responsible for costs if it goes pear shaped and even worse end up alongside them in court.
Phil
|
|
|
|
|
|
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.