You Can Contract Out Your Maintenance But Not Your H&S Responsibilities

Another fall from height court case and fine underlines the duty of care you owe to a contractor coming on site.

contractor on a ladder

A Dorset general building company and its client – housing provider and landlord Aster Property – have both been sentenced after a worker broke his back falling almost two metres through a fragile garage roof.

In the case, heard at Weymouth Magistrates' Court, the HSE investigation found Aster Property Limited, as the client, had failed in its duty to control how the work was carried out and to ensure any contractors they hired would carry out the work safely. Aster Property pleaded guilty to breaching Section 3(1) of the Health and Safety at work Act, and was fined £14,600. It must also pay costs of £5015.

“This is a clear message to businesses that you can’t contract out your H&S responsibilities when contractors are on site,” said Russell Barnard SG World Product Manager. “It’s essential to have good contractor control processes in place which make sure they are aware of any risks in the area they are working in.”

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