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cmarshall1983@outlook.com  
#1 Posted : 07 February 2023 20:33:02(UTC)
Rank: Forum user
cmarshall1983@outlook.com

Afternoon all,

If you have a contractor based on your site for a long period of time, i.e. an Engineer, self employed contractor charging a day rate (£600) working 5 days per week, soley for the comany for around 6 months. 

Would this person be classed as a limb B working under the new PPE regs?

PDarlow  
#2 Posted : 08 February 2023 09:36:47(UTC)
Rank: Forum user
PDarlow

Here is a linnk from HSE which describes a Limb B worker and their duties:

https://www.hse.gov.uk/ppe/ppe-regulations-2022.htm

I would say the self employed contractor is not Limb B. I could be wrong...

peter gotch  
#3 Posted : 08 February 2023 11:55:33(UTC)
Rank: Super forum user
peter gotch

Hi CM

I guess that over the years there will be multiple legal actions about who is or is not a Limb B worker and eventually one will reach the Court of Appeal or, better still, Supreme Court, and give us some authoritative case law.

But until that case law exists each person's status will be considered on its indivicual merits and in your particular instance you have somebody working full time for your organisation for 6 months.

Why WOULDN'T you be expecting them to use the same PPE as used by those working in similar jobs but as "employees" and why WOULDN'T you expect to procure that PPE?

How much does togging them out in your branded hi-vis, helmet etc or whatever other PPE cost, when considered against a pay package of £3000 per week?!?!

Your alternative WAS to set out out the onus for who pays for this PPE in contract before you took this person on.

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