Hi,

Working in the construction industry and we had a discussion on site lately.  As the topic says, do H&S Managers have right to check subcontractor's containers (tools, coshh containers on site)? 

Yes, correct equipment or damaged equipment, diesel boxes and other flammables, any leakings, checking power tools etc.  For a real example, I saw they are storing chemicals with safety lines in storage trolleys before. This is the reason I want to check to see if everything is right in storage trolleys or storage containers. 

I will throw in a curve ball which is who is in control of the site?

If contractually the subbie container is their sole domain and documented as such then any visit would be by invitation only.

If on the other hand they merely have permission to place their container on the site then the contract permitting this should have included rights of access.

‘Have a right to’ and ‘can’ are two different  things.

Have you asked them, having explained why it might be ever bodies interest to do so? If so and they have refused, have they given a reason?  It seems strange for a subbie who, I assume,  wants to work  for you again not to cooperate.

If you are going to take the ‘have a right to’ approach then   then its down to the conditions of your contract. It could be spelled out explicitly but it could also be implied: ‘ the principle contractor retains responsibility for H&S on the site and as such reserves the right to inspect the site and to oversee any works on the site’ which probably covers that.