Rank: Forum user 
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I work for a newspaper. In areas where we don't have any newsagents shops selling our papers we intend to use self-employed direct delivery agents (DDA).
The DDA's would come onto our premises, collect bundles of newspapers in their privately owned cars, and take them back to their local areas where they would distribute to newspaper boys and girls to deliver to houses.
Would we have any legal responsibilities to make sure that the DDA's don't overload their cars, or is this their responsibility as they are self-employed?
Also, would they be classed as contractors? And if so would this make a difference?
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Rank: Super forum user 
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As I see it the DDAs are offering a service and are not bound by a contract of employment, therefore they would be deemed as contractors. That said, the law can be quite fickle in areas of employment and a duty of care could still arise. It would be in the company's best interest to ensure a safe system of work is in place as far as reasonably practicable.
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Rank: Super forum user
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Not sure who would be employing the boys and girls delivering the newspapers are they working for you as the newspaper printer or the DDA's??
I would say that you have a duty of care to all concerned especially as your DDA's would have no experience of employing boys and girls to deliver newspapers.I'm sure there are regulations how long children can work for and other conditions as well.
Also if your DDA's are using there cars then they would need to ensure they are covered for business use. You might not have responsibility for ensuring they do but informing them they should have it may save heart ache if someone is involved in accident only to find they are not covered by insurance.
Phil
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Rank: New forum user
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I am in agreement with Ray on this and feel that the DDA should be treated as a Contractor whilst on your site.
The responsibility for security of a load is, as far as I recall, the responsibility of the driver under the Road Traffic Act. However, to prove that you have done all that is reasonable, I would write to each of them giving them a representative size and weight of a bundle of papers thus giving them the option to arrive in a suitable vehicle to carry the expected load. That way they are less likely to overload and should have less problems.
Bear in mind though that even if you consider this to be a private vehicle they are using it for business purposes so it should be capable of performing the task it is intended for and should carry Business Insurance.
I hope that helps.
Ken
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Rank: Forum user
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I feel that you should ensure other areas are covered, although these DDAs will be self employed there could be indirect consequences if the big picture is not reviewed.
When you contract out to a DDA have you considered such items as
CRB certification (direct involvement with YPs)
Business insurance (vehicle, PLI, ELI)
Driving licence checks
Manual handling information for DDA
Safe access and egress information for DDA relevant to your site
Site induction program for DDA
The list goes on I know but just playing devils advocate
In my experience when something goes wrong blame moves up the ladder with regard H&S as against many other work activities where it moves down.
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Rank: Forum user
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Thanks all for the interesting points you have all raised.
For my part as health and safety officer I intend to induct them as I would a normal new starter, with additional manual handling and driving training.
I will pass onto our transport and personnel departments the comments regarding business insurance and CRB certification
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