Section 13: Persons working in host employer’s or self-employed person’s undertaking

13. Persons working in host employer’s or self-employed person’s undertaking (1) Every employer or self-employed person shall, in respect of any employee from an outside undertaking who is working in his undertaking, ensure that the employer of that employee is provided with adequate information on— (a) the risks to that employee’s safety and health arising out of, or in connection with, the conduct of his undertaking by the firstmentioned employer, or by the self-employed person; and (b) the measures taken by the first-mentioned employer, or by the self-employed person, in compliance with the requirements and prohibitions imposed upon him by, or under any enactment. (2) Subsection (1) shall apply to a self-employed person who is working in the undertaking of an employer, or a self-employed person, as it applies to an employee from an outside undertaking who is working therein, and the reference in that subsection to the employer of any employee from an outside undertaking who is working in the undertaking of an employer, or a selfemployed person and any reference in that subsection to an employee from an outside undertaking who is working in the undertaking of an employer, or a self-employed person, shall be construed accordingly. O2 – 13 [Issue 1] Occupational Safety and Health Act (3) Every employer, or every self-employed person, shall ensure that any person working in his undertaking, other than the employee of the employer, is provided with appropriate instructions and adequate information regarding any risks to that person’s safety and health which arise out of the conduct by that employer or self-employed person of his undertaking. (4) Every employer shall— (a) ensure that the employer of employees from an outside undertaking who are working in his undertaking is provided with sufficient information to enable the second-mentioned employer to identify any person nominated by the first-mentioned employer in accordance with section 12 (1) (b) to implement evacuation procedures as far as those employees are concerned; and (b) take all reasonable steps to ensure that all employees from an outside undertaking who are working in his undertaking receive sufficient information to enable them to identify any person nominated by him in accordance with section 12 (1) (b) to implement evacuation procedures as far as they are concerned. (5) Subsection (4) shall apply to a self-employed person who is working in an employer’s undertaking as it applies to employees from an outside undertaking who are working therein; and the reference in that subsection to the employer of any employees from an outside undertaking who are working in an employer’s undertaking and the references in the said subsection to employees from an outside undertaking who are working in an employer’s undertaking shall be construed accordingly.