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Liability and involvement with logistics contractor

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H&S Hermit
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Liability and involvement with logistics contractor

Post by H&S Hermit »

So we have a contract, very long term, for an installations logistics company who occupy part of our site.
The employees are not employed by to us. But their workplace is our property.
We maintain and own the area facilities where they are located and work. And they overlap with our workers a fair bit in day to day operations.

I’m looking for some advice on a few bits...

Do I need to collect / be involved in their accident reporting and report with the company stats? The insurers know the arrangement and are never concerned with their activities.
We don’t arrange their training - but I do audit their records. They have their own SSoWs etc.
The local authority is due to visit following a RIDDOR involving a lorry in a loading bay.
Where do we sit with any liability outcome?

I’m pretty sure it’s the same as our day to day contractors as far as responsibility goes. By my predecessor didn’t get involved in their accident reporting or collect any info and pretty much left them to it.

I’m pulling them up for some cctv showing very poor H&S practice (walking over descending dock levellers) and trying to fix our equipment in a ridiculous way, making thr problem worse.

And my thoughts are that any negligence is likely to target them, but that we may be drawn in secondarily as being responsibile for site?

I’m arranging a meeting with their manager to discuss these failings and want to set a new structure, but need to draw a definitive line so nothing gets overlooked.

Any advice would be much appreciated,
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Alexis
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Re: Liability and involvement with logistics contractor

Post by Alexis »

Bump.

Thank you in advance, anyone who may be able to assist. .salut
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stephen1974
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Re: Liability and involvement with logistics contractor

Post by stephen1974 »

We maintain and own the area facilities where they are located and work
As long as you are maintaining these facilities, and not allowing them to make changes without your approval, then there shouldn't be an issue. Did an issue with teh facilities contribute to the accident ?
they overlap with our workers a fair bit in day to day operations
You have a duty of care to your employees, and that means if you see the other company doing dangerous stuff that could harm your employees, you have a responsibility to do something about that. Either physically prevent your employees from being expeosed to the companys bad practices or get them to change and operate safely. If you ignore it and say, well, its their problem not mine, then, imo, you should be held liable if one of your employees gets hurt.
Do I need to collect / be involved in their accident reporting and report with the company stats?
No, and most companys wouldn't let you be involved either. However, I would expect that any accidents involving your property or equipment you let them use, would be reported to you. (Probably because they'll want to pass blame or get you to cough up money for repairs etc) and thats all you really need to know.
Where do we sit with any liability outcome?
Impossible to say without knowing the details of the accident, but if something you were reposnible for maintaning failed, then there could be some liability. Also, if you have not risk assessed the building and/or not notified the other company of any significant findings, then you could be liable, or if one of your employees was hurt because you exposed them to the other companys unsafe practices (and you were aware of those unsafe practices) then you could be liable.

If the accident happened to one of their employees or customers through their own work practices alone, I cant see how you would be liable for anything.
If the accident happened to one of your employees of customers through one of the other companys work practices, and you were not aware of what they were doing, I cant see any liability.

Of, course, if you start showing the HSE their bad practices on CCTV, they might ask, well, what have you done about this? Have you had conversations with the company about their practices? have you made your bosses aware of their bad practices? You cant force the other company to change. Your bosses might have the ability to cancel any contract with them.

All my opinion of course. could be totally wrong, but I think the main issues will be, did you maintain what you were required to maintain and did you put your own employees in harms way.

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