What is a subcontractor for health and safety purposes?
Who owes a subcontractor a duty of care on a construction site?
Principal contractor under CDM 2015 regs 15-16; client duties reg 4; multiple defendants possible
What does CDM 2015 require from principal contractors?
Site-wide safety plan; coordination of contractors; induction; suitable welfare facilities; management of risks created by other contractors' work
What if the accident was caused by another contractor on the same site?
Principal contractor may be liable for failure to coordinate; other contractor may be liable directly
How is a subcontractor claim different from an employee claim?
No vicarious liability — different duty; but statutory breach under HSWA and CDM still available; may need to sue multiple defendants
What about genuinely independent contractors?
Occupiers' Liability Act 1957 still applies; premises must be reasonably safe for entrants undertaking work
Sources
- HSWA 1974 s.3
- CDM 2015 (SI 2015/51)
- Occupiers' Liability Act 1957
- Limitation Act 1980