Tradesmen / Decorator Working At My House
Tradesmen / Decorator Working At My House
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bad company

Original Poster:

21,919 posts

295 months

Tuesday 7th May 2019
quotequote all
Mrs BC and I live in a large 3 story house, the time has come to paint the exterior. Our usual painter has declined this time as he’s lost his assistant and he doesn’t fancy the high ladder work alone which is fair enough.

We’re getting quotes from other decorators. Some are very expensive as they want to use scaffolding and others are cheaper saving they’ll use ladders.

My question is if one of these decorators is hurt say falling from a ladder at my home could I be liable for damages? It’s not something I thought about before but a bit of a worry.

Heaveho

7,459 posts

203 months

Tuesday 7th May 2019
quotequote all
I'm a dec. If it were possible I'd prefer to do it from a ladder, and that would be my choice. I can't see how it would be possible for me to choose to do something, have it go wrong, and blame you. However, if I fell and landed on you, that might be different, should you choose to pursue me for any injuries or damage. It may benefit you to check that your chosen tradesmen have public liability insurance to cover that eventuality. If they don't, they should. It's only £120 a year for five million quids worth of cover, so no reason not to.

When I was company employed, I was required to go on various courses to gain competency certificates should scaffold be required on site, and the nonsense that comes with it as far as responsibilities are concerned persuaded me avoid using it if at all possible.

Edited by Heaveho on Tuesday 7th May 23:14

SVTRick

3,633 posts

224 months

Tuesday 7th May 2019
quotequote all
I know a few guys who do high up building cleaning, roof & gutter cleaning.
They use MWEP Mobile Work Elevated Platform.

Much safer than ladders and more productive.

Paulm4

365 posts

186 months

Tuesday 7th May 2019
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On the MEWP course I did the instructor said that ladders were supposed to be used only for access and not for working from.

I guess it's difficult to work from a ladder and maintain 3 points of contact, in an ideal world everyone would just use a MEWP.

Heaveho

7,459 posts

203 months

Tuesday 7th May 2019
quotequote all
My understanding is that if you are an employer with a certain number of staff, health and safety rules come into force, but as a sole trader you can work from a ladder, should you so choose. Happy to be shown to be wrong though, legislation moves fast!

I live in a town house, as part of the maintenance charge, the external decs are taken care of every 5 years by a contracted company. This is currently being done, the guys working for the contractors are working from ladders at first floor height. I believe a cherry picker is due to arrive to gain access to the 2nd floor, but this is supposedly only to give access for glazing requirements. I dare say the decorators will take advantage of this if possible!

the tribester

2,931 posts

115 months

Tuesday 7th May 2019
quotequote all
There was a small private firm near me, that called in a local self employed tradesman they knew to do another job for them, involving working at height.

The tradesman used his own ladders and equipment, but during his work he fell and died.

The little firm were fined £45,000 at Crown Court with £8000 costs after a case submitted by the HSE, due to lack of risk accessment, method statment or check on the tradesmans working at height training.

I know that case involved a business, but you will be employing the painter.

PurpleTurtle

8,863 posts

173 months

Wednesday 8th May 2019
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Your home insurance should give Public Liability cover against members of the public being injured on your property, but I would expect that excludes people in your paid employment.

Best to check that any decorator has their own Employer’s Liability Insurance as explained here - a legal requirement for any Ltd Company in any case. This is their insurance to cover their employees against such risks, you shouldn’t then have to worry about it.

https://www.telegraph.co.uk/finance/personalfinanc...



Edited by PurpleTurtle on Wednesday 8th May 00:27

gazza285

11,167 posts

237 months

Wednesday 8th May 2019
quotequote all
the tribester said:
There was a small private firm near me, that called in a local self employed tradesman they knew to do another job for them, involving working at height.

The tradesman used his own ladders and equipment, but during his work he fell and died.

The little firm were fined £45,000 at Crown Court with £8000 costs after a case submitted by the HSE, due to lack of risk accessment, method statment or check on the tradesmans working at height training.

I know that case involved a business, but you will be employing the painter.
All fairly irrelevant. Another firm using a subcontractor is not the same as a private individual using a sole trader, nor will he be employing the painter, he will be paying for the services of the painter.

hutchst

3,727 posts

125 months

Wednesday 8th May 2019
quotequote all
bad company said:
Mrs BC and I live in a large 3 story house, the time has come to paint the exterior. Our usual painter has declined this time as he’s lost his assistant and he doesn’t fancy the high ladder work alone which is fair enough.

We’re getting quotes from other decorators. Some are very expensive as they want to use scaffolding and others are cheaper saving they’ll use ladders.

My question is if one of these decorators is hurt say falling from a ladder at my home could I be liable for damages? It’s not something I thought about before but a bit of a worry.
You might find this useful

bad company

Original Poster:

21,919 posts

295 months

Wednesday 8th May 2019
quotequote all
hutchst said:
You might find this useful
Thanks, that’s really clear and reassuring.