Contractor sanding a/f - potential liability?

EugeneR

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I know from the forum that sanding a/f should be avoided; also, if one must sand, it's best to wet-sand.

My cleaner's B/F has offered to help me sand and paint the boat to get some spare income, at £10 per hour. Since this year there are some spots below the swimming platform this would be welcome. Usually, there's only about 10-20 small spots requiring sanding around a 10 inch radius to ensure it's smooth, and it takes around 2-3 hours' work (including painting, he'll be there at least a day, with me).

I do not want him to come to any harm. (Also read: I do not want to be sued for damages later). What would be reasonable steps to take to ensure prevent him / me from issues later? Require him to wet sand and supply the best goggles + mask from B&Q? Get him to sign a contract that he recognise that a/f is poisonous and will do x/y/z to protect himself?

Should I pass on his offer and do it myself instead?
 

rivonia

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I know from the forum that sanding a/f should be avoided; also, if one must sand, it's best to wet-sand.

My cleaner's B/F has offered to help me sand and paint the boat to get some spare income, at £10 per hour. Since this year there are some spots below the swimming platform this would be welcome. Usually, there's only about 10-20 small spots requiring sanding around a 10 inch radius to ensure it's smooth, and it takes around 2-3 hours' work (including painting, he'll be there at least a day, with me).

I do not want him to come to any harm. (Also read: I do not want to be sued for damages later). What would be reasonable steps to take to ensure prevent him / me from issues later? Require him to wet sand and supply the best goggles + mask from B&Q? Get him to sign a contract that he recognise that a/f is poisonous and will do x/y/z to protect himself?

Should I pass on his offer and do it myself instead?

The best answer to this litigating question, would be to provide all the equipment such as ;goggles,mask and coverall suit as well as gloves. Inform him he must wear at all times and explain the potential risk involved to him if he does not comply. Then get him to sign a waver,

Peter
 

Baddox

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If he’s doing paid work requiring a mask, he needs to have completed a fit test assessment to ensure he can wear it properly. Most of the time they are not worn properly despite what the untrained user thinks.
 

Ubergeekian

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I do not want him to come to any harm. (Also read: I do not want to be sued for damages later). What would be reasonable steps to take to ensure prevent him / me from issues later? Require him to wet sand and supply the best goggles + mask from B&Q? Get him to sign a contract that he recognise that a/f is poisonous and will do x/y/z to protect himself?

Would you demand those things of any other self-employed contractor you were using?
 

ridgy

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He's hardly going to get lung cancer from 2 hours wet sanding but by drawing his attention to the realistically non-existent danger I'd say you are inviting trouble.

Either:
1. Give him a bucket of water and some sand paper and tell him to get on with it.
Or
2. Do it yourself and tell him to jetwash the deck
 

EugeneR

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Would you demand those things of any other self-employed contractor you were using?

No, not for an independent contractor. If I employ an independent decorator to paint my house, I would expect him to know about and take whatever safety precautions he feels is appropriate.

In this case, I'm not sure I can expect the guy to know the risks so I feel it's reasonable to make him aware of it and allow him an informed choice as to what safety equipement he wants to use.

So, I'll treat him like an independent contractor in line with HMRC guidelines to avoid obligations as employer, but remind him of the risks with anti-foul and make sure the relevant safety equipment is available should he want to use it. All in an informal but on the record way, to avoid inviting issues but still just in case.

Thanks all!
 

Amulet

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Surely some legal expert can comment..

I have had advice in vaguely similar situations that you should avoid any "agreements" because without them common sense will be applied in any legal complaint.

E.g., If you say that it might be harmful to inhale the dust then it's evidence that you accepted responsibility for hazards and safety. This means that if his goolies fall off after the work, you are negligent for not having considered that risk among your other risks.

If you say nothing it's his job to work out the risk.

However having started this thread you have blown your cover and better insure against his goolies falling off.

I'm sure Im wrong about this, but it is consistent with advice I got from a lawyer on something else.
 
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