Who is responsible if a contractor or sub-contractor is involved in, or causes, an accident at work? When things go wrong, employees are quick to say “not me, it was someone else’s responsibility”. If the HSE get involved in an accident investigation, they will firstly want to establish if you, the employer, has carried out their duties. Although the employer may not have been on site or directly involved in the work, they can still be held responsible. Any individual or Organisation who employs a contractor should ensure that they (the contractor) accept responsibility for their actions and omissions by signing a comprehensive set of “Contractors Rules”.
There is a shared responsibility of a duty of care between the site occupier and the contractor. Contractors who are self-employed may have the same responsibility as any other employer during their course of their activities.
Persons who control premises on which there are people at work, but who are not their employees, must ensure so far as is reasonably practicable that the premises, access to them, and the equipment and substances used on them are safe and free from risk to health.
Under the Occupiers' Liability Act 1957 and the Occupiers' Liability Act 1984, occupiers of premises have a duty to take reasonable care to see that their visitors are safe.
Employers are advised to have in place a set of rules that deals with the activities of contractors working on their behalf. These rules should cover all of the matters dealt with above and should ensure that the contractor accepts responsibility for ensuring that he discharges his responsibility and can be held responsible for the consequences of the actions of his workers.