Posted By lchandler Hi Our company specialises in data cabling installation, and often provides health and safety training to our sub-contracting companies on subjects such as manual handling, asbestos awareness, slips and trips etc. This training is provided to them free of charge, and is the same training that is provided to our own employees. We have now been told that this is breaking regulations, and that if we do this, the subcontractors are then classed as our employees. Is this correct? The aim of our Company is to ensure all the operatives on site have the necessary training, information and instruction required, and are competent in the works they are performing. Many of the subcontracting companies are very small, and can find funding a number of training courses a large financial burden, which is why we help out and provide some training for them. Any advice would be greatly appreciated.

Posted By Juan Carlos Arias I also think the person who told you that is talking nonsense. We also provide training to contractors and is the best way to sleep happy that the training has in fact been given and is not just a piece of paper or only a tick on the box

Posted By Jay Joshi Of course, you can. I think someone is confusing the issue of "direct-control" with "training"! If your "procedures" are such that you exercise a very high degree of direct-control over the sub-contractors, then it is likely that you have employers or persons in control liabilities in health and safety law.(The Octel case underlines this!) All you need to ensure is that the training being imparted is not pitched in such a way that it portrays that you are having a very high degree of direct-control over the sub-contractors.