Using contractors and subcontractors

Health and safety requirements for employing contractors

When a business becomes a client of a contractor and when a contractor employs a subcontractor, all parties have duties under health and safety law.

You can take measures to ensure contractors' safety that are not substantially different from those ensuring the safety of permanent staff. For example:

• identify the requirements of the job and assess the risks involved - see our guide on risk assessment - an overview
• consult staff and unions on relevant health and safety issues
• decide what information and training is required
• select an appropriate contractor and ascertain their health and safety policies and procedures
• find out about subcontractors' competence
• review the way work is carried out and the risk assessment

Ensure that there is co-operation and co-ordination at all times between you/your staff and the contractor/subcontractor. In particular:

• provide all parties with information, instruction and training on anything that may affect health and safety
• make the contractor and subcontractors aware of your health and safety procedures and policies
• provide management and supervision to ensure the safety of contractors/subcontractors

There are actual cases where clients, contractors and subcontractors have all been fined for failing in their health and safety duties, such as failures to:

• ensure a contractor's competence
• supervise a contractor
• take steps to prevent contact with live equipment
• provide information about the existence of asbestos
• ensure safe operation of vehicles
• ensure safe loading to or unloading from delivery vehicles
• assess risks to health from regular exposure to high vibration levels
• exercise a duty of care towards a subcontractor
• provide a formal site induction, risk assessment or method statement

Download advice on contractors' health and safety from the HSE website (PDF). You can also order the HSE guide to managing contractors from the HSE Books website.

See our guides on your responsibilities for health, safety and the environment and how to communicate your health and safety procedures.

Subjects covered in this guide

• Introduction
• Contractors and subcontractors - the difference
• Pros and cons of using a contractor or subcontractor to provide staff
• Employment status - implications for tax and worker rights
• Health and safety requirements for employing contractors
• Other legal points to consider when employing contractors
• Get the most from contractors and subcontractors
• Protect your business from rogue contractors
• Here's how the use of a short-term contractor added value to a project

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