Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
Edinburgh
Scotland
EH9 2WU
Telephone:
0131 662 6988
Fax:
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Accidents At Work In Scotland

Who is in control of the contractors?

The government's 'Business Link' website states that "In any relationship between a business - known as the client - and a contractor, both parties will have duties under health and safety law. Similarly, if the contractor uses subcontractors to carry out some or all of the work, all parties will have some health and safety responsibilities." In other words, if you are to be using contractors to carry out operations in your place of work or anywhere associated with your business, then you have to assume some legal responsibility. It is true, however, that the contractors themselves also have an obligation to ensure certain precautions are undertaken, but it is worth bearing in mind that many businesses have faced law suits they have been unable to afford purely as the result of accidents that could have been prevented.

Your responsibilities

As the person who is hiring the contractors, you have a number of responsibilities. Not only do these offer protection for the workforce you are hiring, but they also offer you financial protection in the event that a contractor or subcontractor suffers an accident whilst in your employ. These responsibilities include:

  • Identifying the requirements of the job and assessing the risks involved.
  • Consulting staff and unions in the relevant health and safety measures to be implemented.
  • Deciding what information and training is required.
  • Assessing the health and safety policies and standards of the contractor you employ.
  • Investigating the competence of the subcontractors.
  • Reviewing the risk assessment and the way in which the work is carried out.

In addition, it is your responsibility to ensure that there is co-operation and co-ordination between yourself, your staff, the contractors and the subcontractors. At no point should any issue be left to chance.

It is recognised that the continual assessment of contractors and subcontractors and health and safety issues can be costly and time consuming. The Contractorsí Health And Safety Assessment Scheme (CHAS) has been founded to give employers peace of mind. CHAS is dedicated to completing health and safety pre-qualifying assessments of contractors to a nationally accepted standards. More and more businesses are choosing to use contractors who are CHAS-approved, as it gives them security in the knowledge that these contractorsí legal obligations have been assessed and approved before they have even been hired. In addition, there are specialist companies, such as The Safety Group, who help contractors to ensure that all their health and safety obligations are observed to the correct level. For the employer, this means that they only have to concern themselves with the risk assessment of the job in hand and the co-ordination of their staff.

In addition, it is well worth reviewing the work carried out by any contractors you employ. If a contractor is to return and carry out further work, you need to be sure that they are working in accordance with all the required health and safety legislation. Not only will this ensure that work is carried out as quickly and as safely as the job allows, but it also provides you with the information necessary to decide whether or not to use them again.

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Testimonials

Since contacting Stan I was continously informed of the development and progress of each step of my claim. Stan was persistent and patient throughout the whole process and reassured me he would win me the compensation I deserved - and he was true to his word. I am extremely happy with the outcome of my claim and this is all thanks to Stan.

Sarah

My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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