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Contractors’ Responsibilities University of Wolverhampton

Contractors’ Responsibilities University of Wolverhampton. 13 March 2012. Key contact: Chris Green Partner 0121 200 8125 or 07894 462112 chris.green@weightmans.com. Contents. Duties on you and delegation Duties on other people Overlap and percentage of fault “ the Responsibility Gap”

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Contractors’ Responsibilities University of Wolverhampton

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  1. Contractors’ ResponsibilitiesUniversity of Wolverhampton 13 March 2012 Key contact: Chris Green Partner 0121 200 8125 or 07894 462112 chris.green@weightmans.com

  2. Contents • Duties on you and delegation • Duties on other people • Overlap and percentage of fault • “ the Responsibility Gap” • Consequences

  3. Source Materials • s.2, s.3 HSWA • s.36, s.40 HSWA • R12-14 MHSWR • s.8 CMAH • HSE and IOD Guidance

  4. Pitfalls • Who is doing what? • What aren’t they doing? • Is everyone clear on that? • Do they agree? • Ensure they do actually then do it.

  5. Common Issues • Familiarity • Competence • Cutting corners • Reliance on information • Supervision and violations

  6. More Common Issues • Granny sucking eggs • Titanic mentality • He’s always our hardest worker/ safest we have got • Enforcing the message • Discipline and breach of contract

  7. Host should also • Knowledge of the work requested • How are they doing it • Risk assessments • Permits to Work • Terms and Conditions

  8. Ongoing Commercial Relationships? • What's their area of expertise? • What risks do your premises and processes pose? • Are they insured: for what? Copies? Certified/ registered? • Charges of work done/ how/ by whom – are they competent? • Reporting of incidents and near misses.

  9. Case study- The parties • Hostco Limited- metal castings manufacturer • Connie Tractor Partnership- service and supply cranes • Victor Timm- employee helps out at busy times

  10. Case study- The scenario • Hostco have used Contractor for years • Contractor- services cranes quarterly • Ts and C’s- use a cherry picker with harness • Hostco are on down time and skeleton staff there • Victim attends site for the first time

  11. Case study- The call to the lawyer • Victim fallen to his death from the crane • The harness is still in his van • We don’t even know who he is • Police are about to arrest and interview Connie • And close down the site for production restarting

  12. HELP! I need somebody…. • Hostco- Connie Tractor is the leading player in crane hire • Connie Tractor Partnership – nobody was supervising him • He has been doing jobs like this for years • Risk assessment? What’s one of them • Its all down to Vic, he should have worn the harness

  13. MIDLANDS REGULATORY TEAM St Philips Point, City Plaza, 47 Cannon Street, Birmingham B2 5EF Fax No : 0121 632 5410 www.weightmans.com Chris Green Partner Direct Dial: 0121 200 8125 Email: chris.green@weightmans.com Mobile: 07894 462112 Hazel Padmore Associate Direct Dial: 0121 200 8138 Email: hazel.padmore@weightmans.com Mobile: 07595 963308 Chaitali Desai Trainee Solicitor Direct Dial: 0121 200 8496 Email: chaitali.desai@weightmans.com

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