A principal to a contract has a responsibility to take all practicable steps to ensure that subcontractors and their employees are not harmed by the work they have been engaged to do or by any hazards in a place of work controlled by the principal.

What this means in terms of any given contract will depend on:

• The size and nature of the contract
• The type of work the contractor was engaged to do
• The contractor's and the principal's respective knowledge of the work being undertaken
• The nature of hazards in the place of work.

The key questions that need to be considered are: what things does the principal control, what things does the contractor control, and for what things is control shared?

A principal also needs to consider:

• Contractor selection and negotiation of terms
• Information sharing
• Monitoring of contractors.

General information about principal/contractor responsibilities is available here.

After considering the information above, it may be a good idea to seek advice from a lawyer and/or a health and safety consultant about the wording of contracts.

Principals or contractors cannot "contract out" of their liability under the Health and Safety in Employment Act.

See our publication A Principals Guide to Contracting to meet the HSE Act 1992 for guidance on your Health and Safety obligations to contractors and business people who work for you.