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Working with Contractors 2008: Special Report

28 Sep 2007 3:50PM
Workplace Law Network
  • Author:
  • Debbie Le May

Related Topics:

  • Contract workers
  • Construction
  • Corporate killing
  • Outsourcing
  • Accidents at work
  • Contracts, employment
  • Contracts, facilities management

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Some of the most high profile health and safety cases have involved contractors – the leading case of R v. Associated Octel (1996), in which an employee of a specialist cleaning contractor was badly burned while working at Octel’s plant; the Beckingham legionella trial, which followed the deaths of seven members of the public from Legionnaires’ Disease; and R v. Connoly, a case that followed the deaths of four track workers at Tebay Cumbria, after a rail contractor deliberately tampered with the braking system of a flatbed trailer to save money.

Misunderstandings over who is responsible for monitoring and protecting contractors and subcontractors – leading to the failure to carry out responsibilities – is often at the heart of such cases. But situations such as these could be avoided with a clearer understanding of employers’ and contractors’ responsibilities.

Written by Nicola Cardenas-Blanco, Solicitor with leading independent law firm Martineau Johnson, the Working with contractors 2008: special report is essential reading for those involved in the appointment of contractors for work activities. It is designed to provide workplace managers with everything they need to know to ensure they, and the contractors they employ, meet their duties under health and safety and employment law.

Answers key questions surrounding:

  • Protection of third parties
  • The implications of the Corporate Manslaughter and Corporate Homicide Bill
  • Policies regarding contractors
  • Communication with contractors and staff
  • Implementing procedures
  • Monitoring performance
  • Responsibility for training, briefing and risk assessments
  • Checks on contractors
  • Evaluating competency
  • Supervision
  • Insurance
  • Job specifications
  • Subcontractors
  • Employment issues

This in-depth special report also examines the legal developments affecting the appointment of contractors, the legislation that applies, and key case law that is directing how the law is interpreted in cases involving contractors.

 

This is a downloadable publication

 



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