SUBCONTRACTOR OBLIGATIONS AND RESPONSIBILITIES

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These terms apply to all subcontractors engaged by Hopkins Contracting Services Ltd (“the Company”).

By accepting an engagement, completing the subcontractor onboarding process or undertaking work for the Company, the subcontractor confirms that they have read, understood and agree to comply with these obligations.

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1. Status of Subcontractor

The subcontractor is engaged as an independent, self employed contractor and not as an employee, worker, partner or agent of Hopkins Contracting Services Ltd.

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The subcontractor is responsible for their own tax, National Insurance and Construction Industry Scheme obligations and for maintaining any registrations, licences or insurances required to undertake their work.

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Nothing within these terms is intended to create an employment relationship.

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2. Attendance, Punctuality and Reliability

Subcontractors accepting an engagement are expected to attend at the agreed place and time and to remain available for the period of work they have agreed to undertake.

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If a subcontractor is unable to attend, or expects to be late, they must notify the Company or the nominated supervisor as soon as reasonably practicable and, wherever possible, before the agreed start time.

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Repeated lateness, repeated non attendance, leaving site without authorisation, failing to provide reasonable notice of absence, or otherwise demonstrating an unacceptable pattern of unreliability may result in:

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• removal from the current job or site,

• the Company declining to offer further work,

• suspension of the subcontract arrangement, or

• termination of the subcontract arrangement.

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The Company recognises that genuine emergencies and exceptional circumstances occur. Decisions will therefore be based on the circumstances and overall pattern of conduct rather than an isolated genuine incident.

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3. Fitness for Work

Every subcontractor must report for work and remain throughout the working period in a condition that allows them to perform their duties safely and competently.

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A subcontractor must not undertake work where their judgement, concentration, coordination, reaction time or ability to work safely may be impaired by:

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• alcohol,

• illegal or recreational drugs,

• prescription or non prescription medication,

• fatigue,

• illness, or

• any other substance or condition capable of affecting safe performance.

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Where medication could reasonably affect driving, machinery operation or other safety critical duties, the subcontractor must seek appropriate medical or pharmaceutical advice and inform the Company where they are not fit to perform the relevant duties safely.

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The Company does not seek information about a subcontractor's lawful activities outside working hours unless those activities affect, or could reasonably affect, their fitness or safety at work.

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4. Alcohol and Drugs

The Company operates a strict fitness for work standard.

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Subcontractors must not:

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• report for work impaired by alcohol or drugs,

• consume alcohol during working hours or whilst undertaking work on behalf of the Company,

• possess, use, supply or distribute illegal drugs whilst working, on Company premises, on a client's site or in a Company vehicle,

• drive or attempt to drive a Company vehicle whilst impaired by alcohol, drugs or medication,

• operate machinery, plant, power tools or other safety critical equipment whilst impaired, or

• remain at work where alcohol, drugs, medication or another substance makes them unsafe to perform their duties.

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Consumption taking place outside working hours does not excuse impairment during working hours.

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Accordingly, a subcontractor who consumes alcohol or drugs during the evening or on a previous day remains responsible for ensuring that they are fit and safe to work and drive when they next report for work.

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5. Alcohol and Drug Testing

Because work undertaken for the Company may involve driving, machinery, power tools, construction activities, work on or near highways and interaction with members of the public, certain activities are considered safety critical.

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Where reasonably necessary for health and safety purposes, the Company may require an appropriate alcohol or drug test.

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Testing may be considered where:

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• there are reasonable grounds to suspect impairment,

• a subcontractor displays behaviour, appearance, speech, coordination, smell or other signs reasonably consistent with alcohol or drug impairment,

• an accident, collision, near miss or significant safety incident has occurred and alcohol or drugs could reasonably have been a contributing factor,

• a client or principal contractor reasonably requires testing as a condition of access to a safety critical site, or

• proportionate testing is undertaken for subcontractors carrying out identified safety critical activities under the Company's Drug, Alcohol and Fitness for Work Policy.

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Any testing will be carried out using an appropriate and proportionate testing method.

Subcontractors will be informed about the testing process, substances being tested for, applicable standards or thresholds and the potential consequences of the result.

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Testing information will be handled confidentially and in accordance with applicable data protection requirements.

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A subcontractor will not be permitted to undertake safety critical duties while the Company is reasonably investigating whether that person is fit to work.

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6. Refusal or Failure to Cooperate

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A subcontractor cannot be physically compelled to provide a sample.

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However, where testing has been reasonably requested in accordance with the Company's Drug, Alcohol and Fitness for Work Policy, refusal to cooperate may result in the subcontractor being removed from safety critical duties or from site while the Company determines whether they can safely continue working.

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Depending upon the circumstances, the Company may also decide not to offer further work or may terminate the subcontract arrangement.

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7. Suspected Impairment

Where the Company reasonably believes that a subcontractor may be impaired or otherwise unfit to work, the Company may immediately:

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• prevent them from commencing or continuing work,

• prevent them from operating plant, machinery or equipment,

• withdraw permission to drive a Company vehicle,

• remove them from a site or workplace,

• require them to participate in an appropriate fitness assessment or testing procedure, and

• suspend further work pending investigation.

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These measures may be taken as a safety precaution and do not require the Company to establish that a criminal offence has occurred.

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Where the Company considers that a subcontractor is not safe to drive, the subcontractor must not be instructed or permitted to drive a Company vehicle.

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8. Company Vehicles and Driving

Any subcontractor authorised to drive a Company vehicle must:

• hold a valid licence appropriate to the vehicle,

• immediately notify the Company of any disqualification, suspension, relevant restriction or material change affecting their entitlement to drive,

• comply with road traffic laws,

• wear a seat belt and require passengers to do so,

• not use a handheld mobile telephone whilst driving,

• not drive whilst impaired by alcohol, drugs, medication, fatigue or illness,

• immediately report accidents, collisions or damage,

• use the vehicle only for authorised purposes, and

• take reasonable care of the vehicle and anything carried within it.

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Permission to drive a Company vehicle may be withdrawn at any time where the Company has reasonable safety, insurance or conduct concerns.

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9. Health and Safety

Subcontractors must take reasonable care of their own health and safety and that of other people who may be affected by their work.

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They must comply with applicable health and safety legislation, risk assessments, method statements, site rules and reasonable safety instructions.

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Attendance at required inductions, briefings and toolbox talks is mandatory where relevant to the work being undertaken.

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Hazards, defects, accidents, injuries, near misses and dangerous occurrences must be reported promptly.

Serious or repeated health and safety breaches may result in immediate removal from site and termination of the subcontract arrangement.

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10. PPE, Workwear and Tools

Unless expressly agreed otherwise, subcontractors are responsible for supplying, maintaining and correctly using the PPE, workwear and tools required for their work.

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PPE and equipment must be suitable for the task and comply with applicable legal and site requirements.

Failure to use required PPE or equipment may result in the subcontractor being instructed to stop work or leave site until the issue has been rectified.

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11. Tools, Equipment and Company Property

Where the Company provides vehicles, machinery, tools, equipment, fuel cards, keys, devices or other property, these remain the property of the Company.

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Subcontractors must:

• use Company property responsibly and only for authorised purposes,

• take reasonable steps to prevent loss, theft or damage,

• report defects, damage or loss promptly, and

• return Company property promptly when requested or when the subcontract arrangement ends.

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The Company may seek recovery of reasonable losses caused by deliberate misuse, negligence or unauthorised use, subject to applicable contractual and legal requirements.

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12. Conduct and Behaviour

Subcontractors are expected to behave professionally when representing the Company or working with its clients, suppliers, employees, other subcontractors or members of the public.

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The following will not be tolerated:

• threatening, abusive or violent behaviour,

• bullying or harassment,

• deliberate damage or theft,

• serious insubordination regarding legitimate safety requirements,

• unsafe or reckless conduct,

• deliberate misuse of Company vehicles or equipment,

• serious dishonesty,

• attending work impaired by alcohol or drugs,

• possession or supply of illegal drugs at work, or

• conduct capable of seriously damaging the Company's reputation or client relationships.

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Serious misconduct may result in immediate removal from site and termination of the subcontract arrangement.

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13. Quality and Rectification

Work must be completed with reasonable skill, care and diligence and in accordance with the specification and standards applicable to the engagement.

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Where work is defective, incomplete or does not meet the agreed requirements, the subcontractor may be required to rectify the work within a reasonable period and at their own cost where the defect resulted from their workmanship.

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14. Insurance

Subcontractors must maintain any insurance reasonably required for the work they undertake.

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Unless otherwise agreed, subcontractors should maintain Public Liability Insurance with cover of at least £2,000,000.

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Where a subcontractor employs or engages other persons, they are responsible for ensuring that any legally required Employer's Liability Insurance and other appropriate insurance is maintained.

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Evidence of insurance must be supplied upon reasonable request.

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15. Confidentiality

Subcontractors must not disclose confidential information relating to the Company, its customers, clients, pricing, contracts, employees, subcontractors or business operations except where authorised or legally required.

This obligation continues after the subcontract arrangement ends.

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16. Client and Site Requirements

Subcontractors must comply with reasonable requirements imposed by the Company's clients, principal contractors or site operators where those requirements relate to health and safety, security, conduct or access to the site.

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A serious breach of a client's site requirements may result in immediate removal from that site.

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17. Payment, Charges and Recoverable Losses

Payment will be made against valid invoices in accordance with the agreed payment arrangements and subject to applicable CIS deductions.

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Where a subcontractor causes a demonstrable financial loss through negligence, deliberate misuse, unauthorised expenditure, damage or breach of these terms, the Company reserves the right to seek recovery of that loss where legally and contractually permitted.

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Any proposed deduction or set off will be appropriately documented.

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18. Suspension and Termination

The Company may immediately suspend an engagement or remove a subcontractor from site where reasonably necessary to protect health and safety, Company property, clients or members of the public.

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The Company may terminate a subcontract arrangement immediately following serious misconduct or a serious breach of these obligations.

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The Company may also cease offering work or terminate the subcontract arrangement where there is:

• repeated lateness,

• repeated or unexplained absence,

• persistent unreliability,

• repeated poor workmanship,

• repeated health and safety breaches,

• failure to follow reasonable site requirements,

• unacceptable conduct,

• misuse of Company vehicles, tools or equipment, or

• another material or repeated breach of these obligations.

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The Company may otherwise terminate an ongoing subcontract arrangement on reasonable notice where appropriate.

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19. Indemnity

To the extent permitted by law, the subcontractor shall be responsible for losses, claims, costs or liabilities arising directly from their negligence, deliberate misconduct or material breach of these obligations.

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Nothing in these terms excludes or limits any liability which cannot lawfully be excluded or limited.

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ACKNOWLEDGEMENT

By completing the Company's subcontractor onboarding process, accepting an engagement or continuing to undertake work for Hopkins Contracting Services Ltd, the subcontractor confirms that they have read, understood and agree to comply with these Subcontractor Obligations and Responsibilities and any policies expressly incorporated into them.

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The subcontractor understands that compliance with health and safety requirements, including the Company's Drug, Alcohol and Fitness for Work Policy, is a condition of undertaking work for the Company.