Top-handled chainsaws: appropriate use and management

[Alex O]

Glad you’re ok, and you raise an interesting issue, not about one handing, that’s boring and been turned over again and again.
 
So you were a sub contract climber for this guy? You supply an invoice and get paid a chèque from which you pay your taxes etc. From the outside I would have thought that insurances on injury should be your responsibility.
 
If I’ve misread or misunderstood happy to be corrected.

Hi mick , I’ve always been told that anyone working on someone else’s site is covered by the main contractor. What would your position be if a subby had an accident on one of your sites , who is liable, this always seems to be a grey area. A local company to me have just put in place insurance for there workers, they pay the monthly cost but if an accident happens then they have to pay the excess and then there accident is reviewed by the insurance company to see how much they are entitled to either way the company get out of paying and accident or sick pay. To me it sounds crap that they are almost washing there hand of there staff and unwilling to pay anything out. (IMO)

[oldwoodcutter]

As Ive understood it, and continue to understand it, if you are the contractor whose name is on the invoice, and you tell any employee, whether on the books, a contract climber,or an hourly paid brash dragger what to do, where and when, then you are the one who has to have insurance to cover that person while he’s working for you.
I’ve never considered it a grey area.

[Mick Dempsey]

Mebees, but @AA Teccie (Paul) seems to consider it a grey area.

 

Theres a few genuine ‘guns for hire’ on here, @Steve Bullman @Rich Rule @Joe Newton Amongst others, what do/did they consider their situation legally if they hurt themselves whilst subby climbing?

Edited March 8, 2019 by Mick Dempsey

[Mark Bolam]

If they’re climbing for me and the shit hits the fan Mick, they would be covered by my EL.

There is no grey area at all.

[Steve Bullman]

11 minutes ago, Mick Dempsey said:

Mebees, but @AA Teccie (Paul) seems to consider it a grey area.

 

Theres a few genuine ‘guns for hire’ on here, @Steve Bullman @Rich Rule @Joe Newton Amongst others, what do/did they consider their situation legally if they hurt themselves whilst subby climbing?

It’s on the employer. There is no grey area. EL is a legal requirement 

[Mick Dempsey]

8 minutes ago, Mark Bolam said:

If they’re climbing for me and the shit hits the fan Mick, they would be covered by my EL.

There is no grey area at all.

 

1 minute ago, Steve Bullman said:

It’s on the employer. There is no grey area. EL is a legal requirement 

Ok, it seems clear. 

 

[skyhuck]

43 minutes ago, AA Teccie (Paul) said:

Something of a grey area potentially, as I understand it, and hence under the scheme we make it (EL insurance) mandatory regardless. Tbh I think it would be a legal case to determine the situation but I think it would be a civil rather than statute case, i.e. EL Compulsory Insurance Act.

I'm surprised you see this as grey area Paul?

 

 

[Steve Bullman]

11 minutes ago, Mick Dempsey said:

Mebees, but @AA Teccie (Paul) seems to consider it a grey area.

 

Theres a few genuine ‘guns for hire’ on here, @Steve Bullman @Rich Rule @Joe Newton Amongst others, what do/did they consider their situation legally if they hurt themselves whilst subby climbing?

It’s on the employer. There is no grey area. EL is a legal requirement 

[Mick Dempsey]

1 minute ago, Steve Bullman said:

It’s on the employer. There is no grey area. EL is a legal requirement 

Heard you the first time.

[Alex O]

Personally I’ve never seen it as a grey area and have always been told even when I used to be a subby I was always covered by there insurance. But I never new my mate never had it, maybe I should of asked hence I might of been in a different position, possibly.