Health, Safety and Welfare Law

This includes temporary and contract staff that you may be supplied with.

Who is responsible: Hirer, client or employment business?

As the hirer, you carry the prime responsibility for the health and safety of a temporary or contract worker on your premises or using your equipment. When briefing the employment business, before the assignment, you should inform them of

• any specific risks or hazards identified by your own routine risk assessments
• any requirements for working long or unusual hours
• the specific skills or knowledge requirements for the job.

You should also provide a copy of any written health and safety policy statement prepared for your own employees insofar as it relates to the work performed by the temporary worker.

The employment business is required to pass on your information to the prospective temporary workers and to ensure that the worker is suitable for the assignment. However once the temporary worker is assigned to you and your premises, you have an obligation to ensure that the premises, access to the premises, and any equipment or substances provided for their use do not expose them to any risks to health and safety.

Risk Assessments

A key requirement of health and safety legislation is the obligation on employers to conduct regular risk assessments of all the work place activities, of whatever nature. It is the risk assessment that should identify potential problems with the environment regarding issues such as

• fire safety,
• noise, dust and fumes,
• lighting,
• sanitary facilities and
• refreshment provision.

Specific risk assessments should be undertaken for

• machinery and equipment,
• processes,
• chemicals and agents,
• moving and handling items.

The risk assessments should provide the necessary information to ensure appropriate training. In most cases it will not be the duty of the employment business to carry out a risk assessment for their temporary workers.

Induction

When any new worker arrives on your premises, temporary or permanent, you should ensure that someone is responsible for explaining the layout of the premises, pointing out the location of

• toilets,
• kitchen facilities or any other drink making facilities
• coat storage
• fire alarm mechanisms,
• fire exits
• assembly point arrangements
• first aid provision

You should also clarify at this point the accident recording arrangements and the smoking regulations.

Machinery, equipment and chemicals

You should not expect a temporary worker to operate any machinery or equipment without showing the correct and safe operational controls. Ideally there should be a written operating statement to which the worker can subsequently refer if in doubt.

Similarly, you should also draw attention to any special arrangements required, or risks arising from the use of chemical agents and substances.

Workers should not be asked to lift or carry items without instruction on safe methods of handling. Where possible arrange for heavy or bulky items to be split down in order to be moved, especially if moved across or through awkward areas such as steep, winding staircases.

Computer Screens

You have a duty to ensure that computer workstations are well designed ergonomically. If a worker finds the working arrangement uncomfortable, do not hesitate to arrange modifications. Workers should be encouraged to take regular breaks of 5 minutes in every hour where they work permanently in front of a VDU. For your permanent employees working consistently with a VDU you are required to provide eyesight tests and glasses if prescribed.

Larger employers with over 50 employees are encouraged to appoint and organise the training of First Aiders in addition to providing a First Aid box equipped to the specific standard. The requirements are more stringent on factory and warehouse premises than offices. All employers are required to provide an accident book, in which all accidents, however minor, should be recorded, including all accidents involving temporary workers.

It is the responsibility of the employer or the person in control of premises where an accident occurs to report all accidents that cause major injury to any person as a result of their work. If a temporary worker is injured on your premises it is your responsibility as the person in charge of the premises to report it to the relevant authority on Form F2508 within 10 days. You must also inform the employment business. However as the duty to report only arises when a worker is caused to be off work for 3 or more days you may need to liaise with the employment business as to the extent of the temporary worker’s injuries.

Where you employ workers of childbearing age you must carry out a general risk assessment to ensure that they are not exposed to harmful agents such as radiation or lead - nor are carrying out work that is prohibited such as underground mining. All female workers should be encouraged to inform you promptly in writing on becoming pregnant whether or not they are required to by law. In those circumstances both you and the worker have a responsibility to conduct a specific risk assessment, to avoid risks to the worker and her unborn child.

Other Health and Safety Requirements on Employers

In addition to the general requirements of the Health and Safety at Work etc. Act 1974 there are further regulations covering a wide range of specific work activities, some of which have been referred to above.

The health and safety of persons at work is of paramount importance, reflected in the increasing range and scope of legislation. Reputable recruitment firms will want to ensure that temporary and contract staff benefit from the protection offered by the legislation. In order to do that, they require the co-operation of client employers.

Other general requirements on employers include:

• The Workplace (Health, Safety and Welfare) Regulations 1992
• Accident reporting and notification requirements to the HSE
• Working Time Regulations 1998: controls on the maximum 48 hour working week, night arrangements, rest breaks and rest periods
• Employers and Occupiers Liability insurance cover
• Electricity at Work Regulations 1989