So, what do we know?That workers should be given basic H&S trainingto help achieve legal compliance with-1. Health & Safety at work Act 19742. Agency Worker Regulations 19733. Conduct of Employment Agencies and Employment Businesses Regulations 20034. Corporate manslaughter act5. RRO 20056. Duty of care
Who’s responsibility is it?Just one, or a combination of the following?1. The agency?2. The umbrella?3. The host company?4. The limited company/self employed contractor?
Lets look at each one individuallyThe agencyAgency worker regulations 1973, Section 18:Neither an agency nor an employment business may introduce or supply awork-seeker to a hirer unless the agency or employment business hasobtained sufficient information from the hirer to select a suitable work-seekerfor the position which the hirer seeks to fill, including the followinginformation—“(d) the experience, training, qualifications and any authorisation whichthe hirer considers are necessary, or which the worker needs tohave by law”
Lets look at each one individuallyThe agencyThe Conduct of Employment Agencies and EmploymentBusinesses Regulations 2003, Section 19:Neither an agency nor an employment business may introduce or supply awork-seeker to a hirer unless it has obtained confirmation—( (b)that the work-seeker has the experience, training, qualifications and anyauthorisation which the hirer considers are necessary, or whichare required by law etc.
Lets look at each one individuallyThe umbrellaHealth & Safety at work Act 1974, Section 2:2)Without prejudice to the generality of an employer’s duty under thepreceding subsection, the matters to which that duty extends include inparticular—;(c)the provision of such information, instruction, training and supervision asis necessary to ensure, so far as is reasonably practicable, the health andsafety at work of his employees;
Lets look at each one individuallyThe host companyHealth & Safety at work Act 1974, Section 2:2)Without prejudice to the generality of an employer’s duty under thepreceding subsection, the matters to which that duty extends include inparticular—;(c)the provision of such information, instruction, training and supervision asis necessary to ensure, so far as is reasonably practicable, the health andsafety at work of his employees;Regulatory Reform (fire safety) Order 2005, Section 21:(1) The responsible person must ensure that his employees are provided withadequate safety training—• (a)at the time when they are first employed
Lets look at each one individuallyThe limited company/self employed contractorHealth and Safety Executive guidance:All workers are entitled to work in an environment where the risks to theirhealth and safety are properly controlled. If you are an agency or temporaryworker then your health and safety is protected by law and employmentbusinesses (agencies) have a duty to make sure that they follow it.• You have a duty to take reasonable care for you own health and safety and that of other people who may be affected by your actions at work.• You must co-operate with your employment agency, the business where you are working, and your co-workers to help everyone to meet their legal requirements.
So whose responsibility is it? EVERYONE’S!Under the Health & Safety at Work Act 1974 and theManagement of Health & Safety at Work Regulations1999, the host employer, the employment business andthe temporary worker all have responsibility for theirown Health & Safety and that of others who may beaffected by their activities during assignments..
What are the obstacles to training?The agency:May see the requirement as a obstacle to placement.The umbrella:May see the requirement as cost prohibitive.The host company:May see training the worker as costly and unproductive time.The worker:Just wants to work and get paid!!!
Have there been any recruitment agency prosecutions?Yes there have, here are just two examples:McGinley Recruitment Services Limited (MRS)Fined £175,000 and ordered to pay costs of £24,000 to HSE after the death ofa worker!J & P Recruitment LtdFined £5,000 and ordered them to pay costs of £800 after workers injuredwhile on an assignment!
How does HSE Passport work?Just 4 simple steps!1. Log on to website2. Take a 30 minute interactive training course3. Pass a 5 minute competency test4. Upload photoThe ID card will arrive by post within 2 working days and be validfor 1 year
What does the training cover?Health & Safety essentials!EmergenciesWorkplace SafetyUse of DSEEmployee Health (slips, trips and lifiting)Personal SafetyDriving SafetyEnvironmental Issues
On site inductionAll workers should receive an on-sitefamiliarisation covering:1. General Information Who safety officer is etc.1. Fire Procedures Location of equipment, exits etc.2. First aid Who is the first aider, where the accident book is etc.An induction checklist can be downloadedfree of charge from our blog in pdf. format
A final thoughtDisclaimer: HSE Passport is designed tocomplement and simplify your existingHealth & Safety responsibilities, not to replace them altogether.
Please call Guy Schrecker on 07825 872181 if you would like to discuss in person.
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