Employers, Contractors & Sub-Contractors

Employers need to be aware of Health & Safety issues when contracting.

The Act (1992) insists 'employers, principals & persons in control of a place of work' take all practicable steps to ensure that employees, contractors, sub-contractors and their employees are not harmed while working. Employers cannot contract out of the obligation.

We suggest that part of 'all reasonably practicable steps' will include a hazard identification inspection of those areas and equipment used, a listing of the hazards found, and a hazard management plan be recorded in writing and actioned.

The potential for health and safety liability has been highlighted in a recent prosecution for the injuries sustained by a South Port forklift operator while unloading goods from a rail wagon. The Principal, the Contractor and Sub Contractor were successfully prosecuted: South Port, was the employer of the forklift operator and owner of the site of the accident; the carrier; and the manufacturer of the goods being unloaded, were fined and also ordered to pay emotional harm reparations to the injured forklift operator.

Principals & Contractors have the same obligations as employers to protect employees and other persons against accidents. In a case Department of Labour v Central Cranes Limited (1996) the High Court rejected an argument that the duty of principals was lower.

If employers are in doubt as to where they stand please phone Employers Assistance Ltd 0800 15 8000

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