Health and Safety (Urgent)

[radish2008]

thanks for the replies - I spoke to the managing director who is an ex contractor himslef and he said he wouldn't sign it - they are happy with a letter from my ltd saying we'd he happy to abide with H&S rules there - I appreciate that this wasn't a particularly important point but I was unsure - you live and learn eh ? Thanks for all your help

[Emigre]

Is it me or do a lot of contractors get hung up on IR35 compliance above all else?

There seems to have been a glut recently of "clientco insists I use their toilet paper, will this put me in breach of IR35?" type questions....

Surely if people are flying that close to the wind with IR35, they should be in rather than out?

This is what happens when poorly drafted legislation is passed into Statute. The glut of questions arises from uncertainty. Human Rights legislation suggests we are entitled to legitimate expectation. IR35 as piece of legislation is not even fit for clientco's toilet paper.

[Svalbaard]

Is it me or do a lot of contractors get hung up on IR35 compliance above all else?

There seems to have been a glut recently of "clientco insists I use their toilet paper, will this put me in breach of IR35?" type questions....

Surely if people are flying that close to the wind with IR35, they should be in rather than out?

Agree wholeheartedly.

[thelace]

Is it me or do a lot of contractors get hung up on IR35 compliance above all else?

There seems to have been a glut recently of "clientco insists I use their toilet paper, will this put me in breach of IR35?" type questions....

Surely if people are flying that close to the wind with IR35, they should be in rather than out?

[Svalbaard]

Agree. Signing a H&S compliance notice has no bearing on your IR35 status.

It is a legal obligation of the client company to make sure you are aware of their procedures.

[zara_backdog]

Echo what has been posted. If you sign anything add contractor.

The H&S act covers anyone on the company's premises, including visitors, so a company can insist anyone on one of their sites abides by their H&S policy.

[moorfield]

I'm being asked to sign a health and safety document in an employees handbook and as I'm a contractor don't really want to sign it (for IR35 etc)

This kind of thing goes with the territory at some clientcos, as does all that compliance training rubbish. Grin and bear it. You can only end up making yourself look like a slight t1t if you get too grumpy about it.

[thelace]

WHS. Perfectly acceptable for the client to expect anyone who works on their premesis to abide by their H&S rules.

However, be carefull if the document itself refers to "employees" or carries "employee Name" or similar where you need to sign it. If nessesary ask them for a contractor friendly version or provide one yourself.

Or just annotate *contractor, not employee next to the signature...

The HSE are becoming more interested in Contractors (not just construction type contractors either), so expect your clientco's to become more interested in your Health, Safety and Welfare as the year goes on!

But in this case, the info you've provided is that the client just wants to have record that you are aware of their safety rules, so should you have or cause and accident by your acts or omissions, then their ar$e would be covered!

[DaveB]

Nothing to do with IR35 IMO.

Client company has a duty of care over you, whether you're their employee, an independent contractor, or anyone really.

WHS. Perfectly acceptable for the client to expect anyone who works on their premesis to abide by their H&S rules.

However, be carefull if the document itself refers to "employees" or carries "employee Name" or similar where you need to sign it. If nessesary ask them for a contractor friendly version or provide one yourself.

[swamp]

Nothing to do with IR35 IMO.

Client company has a duty of care over you, whether you're their employee, an independent contractor, or anyone really.

[nevergoingtopay]

I'm being asked to sign a health and safety document in an employees handbook and as I'm a contractor don't really want to sign it (for IR35 etc)

You are not an employee of the company, so can't see what it would do for them?

Get some pro advice, but expect that you should not.

They could ask you to sign a letter stating you are aware of the H&S rules for the site where you work.

[radish2008]

Hi

I'm being asked to sign a health and safety document in an employees handbook and as I'm a contractor don't really want to sign it (for IR35 etc)

As I run my own LTD do i need to ? One of the directors here isn't too keen on contractors and I don't want to give him reason to beat me with it if I refuse. I have legal insurance, along with PI and PL so don't know if I should phone and ask them ... ?

Any ideas ...

Cheers

Radish