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Posted By Alex Nasmyth
I am hoping someone out there can give me some information regarding case law relating to the control of contractors in an office based environment (about 650 staff based on a single site).
The reason I ask is that I am currently updating our control of contractors training package aimed at operational/supervisory managers and team leaders. I am aware of plenty of case law relating to contractors but as yet I have not been able to find any specific to our environment. I feel that using examples from higher risk activities/industries will not have the same impact or relevance and I am aiming to make the course punchy.
I am looking for examples for activities such as low level ladder work, general maintenance work, cable running, office moves, IT activities, small refurbishment works and other relevant areas.
I am hoping that someone may be able to point me to a source of information or even have some examples.
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Posted By Ron Hunter
You may find something relevant in HSE Enforcement pages for Asbestos issues - a key issue and common failure in 'low risk' premises.
I suppose there will be a dearth of more general case law for low risk premises as the outcomes of accidents tend to be less severe, or else they are never reported at all.
Failures on industrial manufacturing, petrochemical etc. tend to have more severe impact!
Safety Media UK Ltd do a good dvd on this general topic (but probably misses asbestos issues), which includes office/shop issues. Pricey, but effective. I have no interest or association with that Organisation. Other training packages may well be available.
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Posted By DavidW
I've had the same problem for some time now. As you say, if you use cases from manufacturing or chemical industries etc you just get back from managers that "we don't do that kind of work so it's no problem" What I've tried to do is use the well known cases for contractor management and then identify tasks that are carried out by contractors and show how if they go wrong, the same principles will apply. If you can build the links for them they then seem to have that 'lightbulb' moment and go now I see what you mean. It can be hard work and not always succesful but it may be a way forward. If you do get to hear of any specific office based cases I'd love to know about them.
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Posted By Raymond Rapp
The very nature of case law dictates that precedents will come from a variety of cases and sometimes they are not even relevant to that particular industry or incident. However, it is the legal principle that distinguishes a particular piece of case law, which can be applied to any similar legal argument.
Agreed, it would be better if a case could be cited that applies to your own industry or environment, but that should not put you off from referring to it. For example, the concept of the 'controlling mind' in common law corporate manslaughter relies on the case of Tesco Supermarkets Ltd v Nattrass, a House of Lords decision concerning a prosecution under the Trades Description Act 1968.
Regards
Ray
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