No thats fine, I like to know if I'm wrong. As you know I used to sub all my treework out as Grounds Maintenance was my thing. Accordingly there was no grey area as I didn't do tree work so it was a definite sub contract.
I then went out and did ground tickets and got a chipper etc and any ground level felling or ground level crown lifts I did myself, and got rid of all the stuff.
I then had a big row of poplars to be re-topped (should I admit to that......). I got a firm I'd used before to come in and drop them then I did the clean up once it was all on the ground. Bit greyer but I reckon that was still a subbie job?
Now I get a climber in when I need it. Normally under my companies insurance, however one of them that I use for more complex dismantles advertises that he comes with his own insurance and lowering kit. As an employer you wouldn't expect people to use there own kit normally so I'd reckon that this is again a subbie job. He will also come and look at the job and give me a price to get all the material safely on the ground, so if it time is not a factor if it takes a day or 2 days I pay the same price. He doesn't get a day rate, would this make a difference?
Might be wrong but when I've spoken to my insurer (NFU) they didn't have a black and white answer either. The way they explained it was that they'd expect me to have risk assesments, method statements, copies of qualifications and insurance off subbies and they'd expect me to be doing the above for employees.
As for the price example I think thats a bit or a red herring. As when I wasn't doing any tree work I would regularly charge £500-1000 a day and only pay out £250-500 to the subbie.
What your saying makes sense to me which is why I do have employers liabilty insurance and 95% of the time I am definitely an employer wrt insurance. When I have my climber in for the day I think he's covered by his own, it specifically states contract climber on the policy. At the end of the day if he's not then mine would cover him anyway that way I don't end up in the poo. I'm not in anyway trying to shirk my responsibilities but I am keen to limit my risk.
I guess the only way I'll ever know for sure is if something happens and I get sued and my insurance company deals with his insurance company.
Not to mention he's expensive anyway so for most stuff I use cheaper people anyway which are covered by me as they don't have insurance.
R