Employers and employees in the Agriculture sector are being warned about the increased danger of accidents for people working as contractors by a leading law firm.
Mace & Jones personal injury specialist Jeremy Bradshaw said more contractors are being taken on to cut costs during the recession but the practice carried heightened risks.
"Employers still have a duty of care to independent contractors for their health and safety," he said. "Businesses can really get this area badly wrong employing people without the adequate training, skills and guidance to undertake dangerous work on building sites or with heavy machinery. This risks accidents and expensive pay-outs. It is vitally important that proper risk assessments are carried out before the work is started and that all people working are given a H&S briefing. Without this businesses leave themselves exposed to claims for personal injury."
Mr Bradshaw said businesses are often unaware of the level of experience or previous training given to an independent contractor.
"Extra care must be taken in ensuring the task asked of the worker is within their skill set and training," he said. "Even though an independent contractor may be used, if a business exercises control over what that worker does then it could be liable for an accident caused by the negligent act or omission of that worker. Inexperience or lack of formal training can give rise to accidents particularly when they are not familiar with the site or the business’ way of working. Employers should consider the contractor’s recent safety performance. Ask for recent accident statistics and their arrangements for reporting accidents. A low accident rate may sound good but this may be due to under-reporting."
Mr Bradshaw said contractors should see employers establish clear lines of communication to promote co-operation and co-ordination.
"Employers are failing to protect employees if they do not arrange regular meetings and provide relevant information that can contribute to a safe system of work," he said. "Close communication is important if sub-contractors are employed, or if there are changes to the project."
