Rank: Forum user 
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A team of our operatives turned up at the site of a national energy provider to carry out out maintenance works. An auditor from the client turned up during the works and insisted on access to our vans. We were downmarked for unlabeled liquid containers found in our vans after inspecting our vans without our permission. Is this allowed ?
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Rank: Super forum user 
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Yes, if the van was locked and someone opened it for the auditor, then they gave permission. They should have let you know that there was a potential for an inspection when the contract was agreed or in any requirements given by the customer. Even if part of the contract was to ensure certain tools and equipment ( and substances) are to be present, then how would they know you are complying if they don’t randomly check.
Having substances in unmarked bottles is not particularly good in terms of COSHH control or even environmental control.
What exactly does marking you down mean? So are you downgraded in some way as a supplier.
Or did they do a ninja manoeuvre and when someone opened the van to get their lunch, they were waiting on the roof and did a back flip off and into the back of the van without anyone noticing.
Generally larger customer think they can do as they like and if you complain you will no longer be a subcontractor, quite simple really.
Chris
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 2 users thanked chris42 for this useful post.
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Rank: Super forum user
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They dont have the powers a H&S inspector would, but i presume they have set you a standard to comply with. If you want to stay as a contractor think about the consequences of saying no.
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2 users thanked HSSnail for this useful post.
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Rank: Super forum user
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It depends on your definition of 'allowed'. My company works for a national infrastructure client and this is a regular occurance. You will probably find it in the contract terms for the job in a section that nobody paid atention to (until now).
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2 users thanked Holliday42333 for this useful post.
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Rank: Super forum user
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Depends on the nature of the contract between your guys and the client. This can include explicit items such as “no unlabelled containers can be brought on site” to more implicit things like “ the client reserves the right to ensure that visitors to their comply with all local H&S rules”. The client could have a very good reason for inspecting everything that comes onto the site. When I worked for the government, any vehicle coming on site or leaving it could be inspected. On one site our concern was that people might be bringing on horticultural products, which might interfere with the scientific work being done on the site. What does “ We were down marked” mean? What were you being tested against? Was there a financial penalty as a result? As to the “offence”: I personally have a downer on unlabelled containers of mystery liquids so your guys don’t get much sympathy here. Edited by user 02 November 2021 15:07:05(UTC)
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1 user thanked A Kurdziel for this useful post.
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Rank: Super forum user 
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Of course it's allowed - there is no law against auditing contractors. Whether you cooperate with it is of course up to you. If you had nothing to hide (such as unlabelled containers of who knows what) then there would be no reason not to cooperate. I'm baffled that your response to this is to ask whether it's allowed rather than to thank your client for discovering this safety issue and then to deal with it.
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3 users thanked Kate for this useful post.
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Rank: Super forum user 
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As soon as your vehicle enters a clients site it becomes part of the premises under their control. As such they have a reasonable expectation of access for matters including by exampe detection of crime (theft) through searches. If you have issues with vehicles being audited/searched they should not enter the site. The number of items "falling in to the back of a transit" when it is not a public highway can be very high.
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Rank: Super forum user
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As soon as your vehicle enters a clients site it becomes part of the premises under their control. As such they have a reasonable expectation of access for matters including by exampe detection of crime (theft) through searches. If you have issues with vehicles being audited/searched they should not enter the site. The number of items "falling in to the back of a transit" when it is not a public highway can be very high.
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