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Posted By Debby
I have a scenario for anyone who may be able to help.
We are an SME civil engineering company who have recently employed a security firm to look after our site compound in the evening. Due to the fact we have yet to be connected to mains electricity the guard has based himself in the main contractor's compound some 300 yards away and is walking (on a city centre public highway) between the two on a hourly basis.
The security firm that we originally employed subsequently sub-contracted our order out and the guard (employed by the sub-sub-contractor) has tripped over and fallen in the street, resulting in RIDDOR reportable accident.
We would not normally undertake a risk assessment on behalf of a security company (though they would be inducted in the usual way). Whose resposnbibility would this chap's injuries become? His employer's, the original contractor's, the coucil's (for failing to maintain the highway) or the Main contractor on the site?
Any input would be appreciated.
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Rank: Guest
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Posted By willhiem
well its his employers duty to ensure he has a safe place of work, and its their duty to risk assess etc. it is therefore their duty to report this and deal with it. Sub Contractors though do fall under your control in so far as you are supplying the place of work (also the main contractor) so it is important to ensure for their safety. was the security guard not given a walk through when inducted? (that is especially important with security folk so as to inform them of any excavations etc). what protocols were in place for security persons?
having said that, should this result in further investigation by the authorities and a possible civil action i'm sure all of you will get dragged into it - his employer, the company who contracted it out(probably at a stretch though), your company, main contractor and the council. maybe try and say whoever was working on the mech and elec on site pulled up them pipes or cables also, make sure no one else is missing out on the fun!!
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Rank: Guest
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Posted By Debby
Thanks for that, but the accident didnt actually occur on our site. it happened in the street in between one compound and the other. I'm not sure how anything we, or his employer could have done to prevent a fall in the street!
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Rank: Guest
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Posted By willhiem
why did he have to walk in the street though?
was this route agreed? and if so had anyone walked it previously and see if there were any risks that need assessing?
who agreed this route was suitable? he was still at work, yes its a public route but its not like he was nippin to the shop on a break he was going from one area of work to another!
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Rank: Guest
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Posted By Ian G Hutchings
Hi Debby
Primarily as stated his employer is responsible to undertake the risk assessment, but also the company contracting has in addition a duty of care, both civil and via your policy etc.
He was 'at work' when injured, though in reality if it was a simple trip in the road it is unlikely to be followed up.
Either way it could be an opportunity to investigate what has happened and make sure that any obvious causes are identified and notified to the local authority or highways agency.
Would you act differently if one of your members of staff were injured? How is the requirement for risk assessment etc covered in your contract and then their duties if they sub-contract? What time of day did it happen? Is the route well lit? Could this happen again to someone else?
I can't ascertain culpability, but suggest you look at this from a future prevention angle.
Hope this helps.
Ian
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