Accidents At Work - Who Is In Charge Of Contractors?

The government's 'Business Link' website states that "In any relationship between

a business - known as the client - and a contractor, both parties will have duties under health and safety law. Similarly, if the contractor uses subcontractors to carry out some or all of the work, all parties will have some health and safety responsibilities." In other words, if you are to be using contractors to carry out operations in your place of work or anywhere associated with your business, then you have to assume some legal responsibility. It is true, however, that the contractors themselves also have an obligation to ensure certain precautions are undertaken, but it is worth bearing in mind that many businesses have faced law suits they have been unable to afford purely as the result of accidents that could have been prevented.

Your Responsibilities.

As the person who is hiring the contractors, you have a number of responsibilities. Not only do these offer protection for the workforce you are hiring, but they also offer you financial protection in the event that a contractor or subcontractor suffers an accident whilst in your employ. These responsibilities include:

Identifying The Requirements Of The Job And Assessing The Risks Involved.

Consulting staff and unions in the relevant health and safety measures to be implemented. Deciding what information and training is required. Assessing the health and safety policies and standards of the contractor you employ. Investigating the competence of the subcontractors. Reviewing the risk assessment and the way in which the work is carried out. In addition, it is your responsibility to ensure that there is co-operation and co-ordination between yourself, your staff, the contractors and the subcontractors. At no point should any issue be left to chance.

It is recognised that the continual assessment of contractors and subcontractors and health and safety issues can be costly and time consuming. The Contractors Health And Safety Assessment Scheme (CHAS) has been founded to give employers peace of mind. CHAS is dedicated to completing health and safety pre-qualifying assessments of contractors to a nationally accepted standards. More and more businesses are choosing to use contractors who are CHAS-approved, as it gives them security in the knowledge that these contractors legal obligations have been assessed and approved before they have even been hired. In addition, there are specialist companies, such as The Safety Group, who help contractors to ensure that all their health and safety obligations are observed to the correct level. For the employer, this means that they only have to concern themselves with the risk assessment of the job in hand and the co-ordination of their staff.

In addition, it is well worth reviewing the work carried out by any contractors you employ. If a contractor is to return and carry out further work, you need to be sure that they are working in accordance with all the required health and safety legislation. Not only will this ensure that work is carried out as quickly and as safely as the job allows, but it also provides you with the information necessary to decide whether or not to use them again.

by: Nick Jervis

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