Health and safety requirements when using contractors and subcontractors

In any client / contractor relationship, both parties will have duties under health and safety law. If the contractor uses subcontractors for some or all of the work, all parties will have some health and safety responsibilities.

Measures to ensure contractors” or subcontractors” safety aren”t substantially different from those to ensure the safety of employees. For example, you must ensure that you:

• identify the exact requirements of the job and assess the risks involved – see our guide on risk assessment and method statements.

• select a suitable contractor / sub-contractor – clients need to satisfy themselves that contractors are competent to do the job.

• where necessary, consult staff and unions on relevant health and safety issues – it’s usually a good idea to have a good two way rapport with your contractors or sub-contractors.

• select an appropriate contractor (one who you consider is capable of doing the job) and review their health and safety policies, and procedures.

• find out about your subcontractors” competence – they must be competent to do the work.
• review the way work is carried out and the risk assessment.
  
  

Ensure that there is co-operation and co-ordination at all times between you / your staff and the contractors / subcontractors. In particular, you should:

• ensure that all parties have been provided with information, instruction and training on anything that may affect health and safety.

• make the contractors / subcontractors aware of your health and safety procedures and policies.
• provide management and supervision to ensure the safety of contractors / subcontractors
  
  

There are actual cases where clients, contractors and subcontractors have all been fined for failing in their health and safety duties, e.g. failure to:

• ensure a contractor”s / subcontractor”s competence

• supervise a contractor / subcontractor

• take steps to prevent contact with live equipment

• provide information about the existence of asbestos

• ensure safe operation of vehicles

• ensure safe loading to or unloading from delivery vehicles

• assess risks to health from regular exposure to high vibration levels

• exercise a duty of care towards a contractor / subcontractor

• provide a formal site induction, risk assessment or method statement
  
  

Please remember that you and your sub-contractors will have additional duties under certain legislation including the CDM regulations.

If you need any clarification or more comprehensive guidance contact affersafety on 07968 381445 or email info@affersafety.co.uk we are there to help.

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