By Cliff
Anyone instructing subcontractors has a number of duties under health and safety law, including making sure the subcontractors are able to work safely and without risk. In plain English, main contractors can be held responsible if subcontractors fall ill or get injured at work through neglect.
Insurers generally put subcontractors into two categories, according to skills and expertise:
- Bona-fide subcontractors (BFSC)
- Labour-only subcontractors (LOSC).
If a BFSC works without direction from the main contractor, employers’ liability insurance is often not required. If the subcontractor is regarded as a LOSC they should be treated as an employee and so employers’ liability insurance is generally required.
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