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Ted8355  
#1 Posted : 16 August 2021 12:23:40(UTC)
Rank: New forum user
Ted8355

Hi All

I use lifting plan as an example, however if a sub contractor has subbed the work out, whos RAMS should that Sub-Sub be working too? Is it legal for them to be working to the contractors RAMS who gave them the work, or their own?

Thank you in advance

peter gotch  
#2 Posted : 16 August 2021 13:40:08(UTC)
Rank: Super forum user
peter gotch

Ted

That could be an exam question!

But in simple terms the prime duty of care is on each employer towards their employee(s) and on each self-employed person to themselves.

No legal duty for "RAMS" - this is just common practice in e.g. the construction sector. 

So, the Management of Health and Safety at Work Regulations 1999 require various people to do risk assessments and if they employ 5 or more, to record the "significant findings" in writing, together with the key precautions that follow.

The same Regulations require employees to be informed about risks in a "comprehensible and relevant" way. That could be, in part, via a Method Statement setting out a written safe "system of work".

Additional requirements kick in via other Regulations, e.g. in LOLER for lifting operations.

But, overall what is needed is for those at the sharp end to know what the key risks are and what they (and others) should be doing to mitigate the risks, usually so far as reasonably practicable.

thanks 1 user thanked peter gotch for this useful post.
Ted8355 on 17/08/2021(UTC)
firesafety101  
#3 Posted : 16 August 2021 13:44:35(UTC)
Rank: Super forum user
firesafety101

If a sub contractor has been contracted to a job with all the necessary checks i.e. Sub contractor H&S questionnaire, Insurances etc. and then they sub sub contract the work they must request permission from the main contractor.  The sub contractor must in turn carry out his own safety checks on his sub contractor.

I believe there may be a case for removing the initial Sub contractor and employ his subby instead.

thanks 1 user thanked firesafety101 for this useful post.
Ted8355 on 17/08/2021(UTC)
Ted8355  
#4 Posted : 17 August 2021 07:40:39(UTC)
Rank: New forum user
Ted8355

Thank you for the valuable feedback 

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