Sub Contracting

[WCC73]

Does any one know how you stand regarding the use of subbies in relation to Public Liability,Health and Safety etc.Got into a conversation with a pal today who thought that the main contractor was liable for subbies.
I thought that it was up to the individual companies/sole traders to supply their own PLI, H+S.
I know that the the subying work we do, we have to fill in questionaires and send proof of insurances.

Any thoughts?

[old gas bottle]

bit of a grey area matey, but i keep upto date records of there insurances and copies of there certification, but on our insurance form this year there was a section to fill in for just that so at least pop the question to your insureres.

[liamroys]

as far as H+S goes, the employer is responsible for them wherever they work, although if i have a contractor in. i am responsible for ensuring a safe place to work and that persons H+S while ever on my site "so far as is reasonably practicable"

although the subbie or contractor should be suitably qualified/trained to be doing the job anyway

H+S is a legal mine field... if in doubt IT'S EVERYBODIES FAULT

[Abe]

Does any one know how you stand regarding the use of subbies in relation to Public Liability,Health and Safety etc.Got into a conversation with a pal today who thought that the main contractor was liable for subbies.
I thought that it was up to the individual companies/sole traders to supply their own PLI, H+S.
I know that the the subying work we do, we have to fill in questionaires and send proof of insurances.

Any thoughts?

I just read this thread today.

I will look into it later today and see what I can come up with.

I have to consult with some H & S specialists this evening.


Regards

Abe

[Abe]

The pointers you need are:

The Principal, that is you, are required to practice Due Diligence in the appointment of a sub contractor. By this you are required to Ascertain the capability of the sub contractor in the fields you engage him upon.

You have to check his qualifications, credibility issues, compliance issues, ensure that he is up to the job and has the requisite public liability insurances in place. These in effect indemnify you in case of a tortious liability action.

Further, all this has to be assessed and recorded. The record must be kept fresh. Annual check will suffice.
Your records will be checked in the event of a body delving into it.

Your appointment of a subbie has to be reasonably practicable based on these criteria. Any less and you face liability.

The onus is therefore very much on you to ensure the sub contractors you engage fullfill all the requirements and are covered in case of any liabilities arising.

Must also be borne in mind that a sub contractor could claim to be acting as your agent. Agents have protection in law, akin to employees. You ofcourse can argue they are not employees, but this will depend on the law questioning how much control was exercised over them including supervision.

It has been known in matters before the court for sub contractors to seek protection by making out they are short term contractual employees, hence the vicarious liability will then fall upon the shoulders of the person who engages their services.

In a nutshell, leave nothing to chance , do the necessary checks and maintain records.

I would suggest you seek the advice of a Solicitor or Health and Safety Consultants who know this area of law. The above represents a general pointer only.

[WCC73]

Good information fellas, thank you.


I am starting to get to the point of is it worth all the hassle for 25 quid an hour.The amount of paperwork i have to do is frightening and is only getting worse, and not in a position to add staff in a clerical role.

[old gas bottle]

i will be o/k matey, just take it one step at a time,as i suggested in my first reply, its alot easier than employing someone, just tell them to keep some alternative work onboard and not to rely on you 100% so if work slackens off they can still earn elswhere,also that protects you from droping into employement law,thats another nightmare, dont forget also there are good and bad subbies so check them out first,get copys of all there relative paperwork and watch them like a hawk untill the trust is there,good luck.

[Richard Hillsid]

Must also be borne in mind that a sub contractor could claim to be acting as your agent. Agents have protection in law, akin to employees. You ofcourse can argue they are not employees, but this will depend on the law questioning how much control was exercised over them including supervision..

Some wise word here. My 2 subs are totally indepnded, have full refrigeration and electrical licenses.