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Executive Summary
Duty of care in occupational health is shared between the employment business and the client, and where it sits depends on where the worker is. Up to the point a worker arrives on site, the employment business holds it, covering competence checks, pre-placement health declarations and training, in line with the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999. Once on site, the client who directs, controls and supervises the work takes it on, including risk assessments and health surveillance, under the Construction (Design and Management) Regulations 2015. Contracts cannot transfer this responsibility. MSS Infrastructure (MSSI) explains what this means for incident investigation and how both parties can share responsibility and data.
Reviewed by John Jebson, OHSE Director, MSS Infrastructure (MSSI).
Duty of Care in Occupational Health Management
Understanding where the duty of care sits when workers are supplied to your site. Many contracts suggest it sits entirely with the supplier, but under the Construction (Design and Management) Regulations 2015, the duty of care on site cannot be contracted out. If a claim arose tomorrow, could you show the data to defend it?
This whitepaper gives you a clear, practical view of who is responsible for what, and when. Inside, you'll find:
- Where the employment business's duty of care ends and the client's begins
- What pre-recruitment occupational health checks involve, and the regulations behind them
- Three contract clauses to look out for, and why they don't transfer statutory duties
- How claims are assessed, and why "no data means no defence"
- Three areas to agree with your supplier or client: risk assessment ownership, health surveillance and incident investigation
This whitepaper is to support contracts managers, procurement teams, HSEQ leads, directors and hiring managers at clients and suppliers across rail, civils, highways, energy and utilities.
Frequently asked questions
Who holds the duty of care for agency workers on site?
The client who directs, controls and supervises the worker holds the duty of care once the worker is on site, under the Construction (Design and Management) Regulations 2015.
Can a contract transfer duty of care to a recruitment agency?
No. Contracts can set expectations around collaboration, but they cannot override statutory duties, so the duty of care on site cannot be contracted out.
Who is responsible for health surveillance of supplied workers?
The employment business is responsible for health surveillance of its own onboarding activities, such as pre-placement health declarations. The client is responsible for health surveillance relating to hazards created by the work it directs and supervises.
For more insights on workforce compliance and safety, explore our full range of whitepapers and resources.
