New guidance for contractors and clients

HSE Press Release E178:02 - 18 September 2002

New guidance to help clients and contractors work together to meet their health and safety responsibilities has been published today by the Health and Safety Executive (HSE). The leaflet, "Use of contractors - a joint responsibility", is aimed at clients and contractors across industry and aims to clarify their general responsibilities to protect each other, their workforce and the public.

Clients and contractors are not always clear about who is responsible for health and safety. 'Use of contractors - a joint responsibility' explains that in any client/contractor relationships in either the public or private sector, both parties will have responsibilities under health and safety law. The leaflet sets out general guidance on what both parties need to do to comply with their health and safety responsibilities.

The guidance covers identifying the job, selecting a suitable contractor and sub-contractor, assessing the risks of the work, providing information, instruction and training, co-operation and co-ordination, consulting the workforce and management and supervision.

Welcoming the guidance, Bill Callaghan, Chair of the Health and Safety Commission, said:

"This guidance will be particularly useful to clients and contractors as it clarifies their general health and safety responsibilities in a single document. Where work is contracted out, contracts are sometimes used to pass on responsibilities. However, health and safety responsibilities cannot be passed on. Both parties have duties and co-operation between them is essential if health and safety is to be properly managed".

The leaflet includes case studies showing what can happen when things go wrong, and gives details of where further guidance can be obtained.

Notes to editors

1. For the purposes of the leaflet, client means any employer in the public or private sector who uses contractors. Contractor means anyone brought in by a client who is not an employee of the client. However, the guidance will not apply to agency or mobile workers (HSE will issue separate guidance about these workers later). Nor will it apply to deliveries to client's premises or work activities covered by the Construction (Design and Management) Regulations 1994 (CDM). Where CDM applies, clients, contractors and others have specific legal responsibilities.

2.'Use of contractors - a joint responsibility' (INDG368) is available on the HSE website: http://www.hse.gov.uk/pubns/indg368.htm

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