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Construction Project - Subbie responsibility legal conundrum
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Posted By Andrew Shaw
Hi,
I'm garnering opinion and comment for situation we have at work at present.
We are a relatively small construction / fit-out company but our company structure means that we are essentially 4 separate companies and one Holding Group company.
We are currently in a situation where company "A" within our group is using labour from company "B" as they are quiet at the moment. These men are directly employed by company "B" for which company "A" is paying an hourly rate.
Company "A" has a project manager on site permanently running the job but a project manager from company "B" keeps nipping to site to make sure his guys are OK. I suggested that he shouldn't do this as it would blur the lines of responsibility and we could end up with a 2 bosses scenario and general confusion ruling.
Then, a Work at Height issue arose when I visited site (insufficient edge protection) and it was the labour supplied to company "A"
by company "B" that were in danger. This got me thinking about who was ultimately responsible for those operatives supplied by Company "B" to Company "A" and that perhaps the project manager from Co. "B" should be nipping down to ensure his guys are OK.
The quasi-internal nature of this labour supply situation is possibly clouding the issue. We do use labour supplied from wholly external agency and this seems straightforward enough.
Am I reading more in to this than there is ??
The Work at Height issues were sorted they were just what set me thinking.
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Rank: Guest
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Posted By Bob Youel
Without knowing more detail;
It is whoever is currently 'controlling' the labour who is the responsible person / the 'employer'[who actually pays the £ is irrelevant in many such cases]
The 'popping in' should be properly managed and this person does not appear to have much to do. They should be looking for work!
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Rank: Guest
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Posted By Crim
Is this a notified CDM project?
If so the principal contractor is responsible for the safety of all on site. The PC should be controlling everybody on site?
However all employees are responsible for their own safety.
I have recent experience of a similar issue re scaffold platform with no guard rails. HSE inspector came onto site issued prohibition notice to the worker on the platform. They have since written to the individual who was working on the platform warning him about his future conduct. WAH Regs and HASWA74 Sec 7 referred to.
PC given a severe telling off as well.
If not a notified project then the main contractor is responsible.
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Rank: Guest
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Posted By steve e ashton
As I read it - Co 'A' is telling the guys on site what to do, where to do and what to do it with.. That makes Co 'A' responsible for the H&S of the guys - whether formally employed and paid by Co 'A', Co 'B', or third party labour-only.
Provision of a safe place of work (which includes WAH issues)- is the responsibility of the person in control of the site - which I read as Co 'A' (and their Project Manager)
The Project Manager of Co 'B' may have no formal responsibility for the place of work - but his 'dropping in' suggests a keen interest for the H&S (and welfare) of 'his' guys. I would try to avoid sending him away with 'a flea in his ear' since his concern (hopefully reflecting management concern) for H&S should be encouraged, and (if necessary) his role in monitoring could be formalised?
Steve
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Rank: Guest
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Posted By Andrew Shaw
Thank you for the responses.
Always nice to here someone else's opinion.
Much appreciated.
Andy
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