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Health and Safety Responsibilities for Business Owners vs Contractors

October 06, 2022
 

As a business owner, you are responsible for having a robust health and safety policy, undertaking Risk Assessments of all your activities, the space you work in and the equipment you use. It is also your responsibility to put in place any procedures, training and PPE that may be required to minimise the likelihood and severity of accidents in your workplace.

You are also responsible for ensuring that third parties who come on to your site also act safely. It is your duty to carry out the relevant checks including reviewing the insurance provision for your contractors. These checks must be conducted every time as you have the same health and safety responsibility for third parties entering your premises. This is particularly important for tradesmen undertaking work at height, heat, or other high risk activities.

If a serious injury or fatality occurs at your premises as a result of work that is being carried out by a contractor, your company will be at risk of punitive fines and punishment as a result of the Health and Safety Executive (HSE) investigation. The fines and punishments are contingent on a number of issues ranging from the seriousness of the incident, the size (turnover of the business) and just how badly the company breached health and safety regulations. The business’s willingness to rectify breaches in regulatory working practice will also be an important factor. Finally, the incident will be a declarable material fact that will affect your business’s insurance programme in the future.

Key health and safety considerations for business owners

The HSE provide the following health and safety guidance for businesses:

Your business’s health and safety responsibilities

Your responsibilities when employing a contractor

  • Appoint a competent person who will help you manage health and safety in your business
  • Consult your workers about health and safety
  • Appoint first aiders
  • Ensure you are compliant with The Health and Safety at Work Act, criminal and civil law
  • Prepare a health and safety policy
  • Tell your workers what their health and safety duties are
  • Display the HSE Law Poster
  • Report certain injuries, near-misses and work-related illnesses to the HSE
  • Undertake a risk assessment to identify and assess risks at work
  • Have the appropriate workplace facilities
  • Get comprehensive insurance including Employers’ Liability cover

Source: https://www.hse.gov.uk/simple-health-safety/

  • Select a suitable contractor that has the sufficient skills and knowledge to do the job safely and without risks to health and safety
  • Assess the risk of the work, considering any health and safety implications
  • You and the contractor should both undertake a risk assessment and share your findings to consider any risks from each other’s work that could affect the health and safety of the workforce or anyone else
  • Provide information, instruction and training to your employees and the contractor
  • Set up liaison arrangements for co-operation and co-ordination with all those responsible to ensure the health and safety of everyone in the workplace
  • Decide what you need to do to manage and supervise the work of contractors and agree this in advance of the contractor carrying out the work

Source: https://www.hse.gov.uk/toolbox/workers/contractors.htm

 

Speak to a Health and Safety consultant today

We urge businesses to ensure their internal procedures are audited by an external contractor. Fill in the form to register your interest in an introduction to our partner Health and Safety consultant:

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