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I'm trying to clarify to the Board the level of Duty of Care we owe to contractors acting on our behalf within customers homes. A brief background - We deliver training to the contractors which includes highlighting the potential hazards that may arise. We also provide them with GENERIC risk assessments. However, historically we have always took the stance that for them to maintain 'Self Employed' status we cannot dictate exactly how they comply with the Regulations e.g. It is upto them (running their own business) to ensure they carryout the manual handling activities, conduct appropriate electrical checks on their equipment, follow working at heights regs etc... Does anyone have any conflicting opinions? Many thanks
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Rank: Super forum user
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Rank: Super forum user
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How did you get on when trying the HMRC IR35 checks? Using the example telling contractor they must do certain work in a specific with correctly calibrated equipment didn’t seem to change them to being an employee
However, I could see how you may be subject of question if your contractor sustaining a manual handling injury (your example) on site, causing downtime etc for medical treatment etc, could be adverse for them, you and your client. As I understand£ IR35, the person needs to meet all the criteria rather than just one of them to trigger the employee status.
If it’s a big issue, you could probably get this resolved for your particular circs through specific legal advise.
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Rank: Super forum user 
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It's an interesting question and scenario. Not sure why you would want to provide contractors with training and RAs in the first place. Normally contractors are selected on the basis they are competent to carry out the tasks safely. Which will include ensuring residents are safe from any harm while the contractor carrys out their work.
There are certain proscribed duty of cares e.g. employer to employee, doctor to a patient, one road user to another road user, etc. Where there is not a proscribed DoC the Court will decide if one is owed given the three part test in the Tort of Negligence. Notwithstanding all that, your main responsibility is via HSAWA section 2 or 3. In that respect it makes little difference whether the contractor is an employee or not, you have a duty to ensure their health, safety and welfare regardless of their contractual status.
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Rank: Forum user
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Originally Posted by: RayRapp  It's an interesting question and scenario. Not sure why you would want to provide contractors with training and RAs in the first place. Normally contractors are selected on the basis they are competent to carry out the tasks safely. Which will include ensuring residents are safe from any harm while the contractor carrys out their work.
There are certain proscribed duty of cares e.g. employer to employee, doctor to a patient, one road user to another road user, etc. Where there is not a proscribed DoC the Court will decide if one is owed given the three part test in the Tort of Negligence. Notwithstanding all that, your main responsibility is via HSAWA section 2 or 3. In that respect it makes little difference whether the contractor is an employee or not, you have a duty to ensure their health, safety and welfare regardless of their contractual status.
Well not always, sometimes contractors are hired in as labour only, they turn up with their tools but they are their to work on behalf of the company contracting them and not so much contracted in for specialsms
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Rank: Super forum user
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Originally Posted by: Todai Originally Posted by: RayRapp It's an interesting question and scenario. Not sure why you would want to provide contractors with training and RAs in the first place. Normally contractors are selected on the basis they are competent to carry out the tasks safely. Which will include ensuring residents are safe from any harm while the contractor carrys out their work.
There are certain proscribed duty of cares e.g. employer to employee, doctor to a patient, one road user to another road user, etc. Where there is not a proscribed DoC the Court will decide if one is owed given the three part test in the Tort of Negligence. Notwithstanding all that, your main responsibility is via HSAWA section 2 or 3. In that respect it makes little difference whether the contractor is an employee or not, you have a duty to ensure their health, safety and welfare regardless of their contractual status.
Well not always, sometimes contractors are hired in as labour only, they turn up with their tools but they are their to work on behalf of the company contracting them and not so much contracted in for specialsms
Agreed, but I did say 'normally' because there are various scenarios which could apply but the originator has not gone into sufficienct detail to be sure.
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