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Posted By Andy Beveridge
We use agency workers to offload our delivery vehicles on building sites.
Who should be responsible for carrying out risk assessments for these workers? They move kitchen units and appliances into partially completed housing units; both flats and houses.
Any advice/guidance etc. would be greatly appreciated.
Best regards
Andy
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Posted By Mike Charleston
Andy
Taking the situation logically, does the agency have any way of knowing what their employees are doing on your sites from day to day - and most importantly, do they have any way of identifying/assessing the risks?
I will assume that the answer to both questions is "No" since that is the predominant situation with agencies. It would also be unreasonable (in my opinion anyway) for the agency to utilise a member of their staff to constantly visit all of their clients' sites for this purpose.
So who is in a position to assess the risks and ensure safe methods of working? I suggest only the company that employs the agency workers on their sites. So .... only site people can look after the safety of such workers in practice.
Mike
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Posted By Andy Beveridge
Hi Mike,
Thanks for the response.
Sorry I didn't make things clear. These are not our sites. We supply and fit kitchens on sites controlled by 'others' but take on agency staff for short periods (maybe only a few hours at a time)and across a number of sites at a time.
Hope this helps.
Regards
Andy
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Posted By Ashley Williams
Andy, I have to say Mike has covered it completely in his comments. Yor additional comments dont really change his answer, your employing the Agency workers to do your work on sites you are contracted to fit the kitchens. Therefore you have the duty of care to those workers. You still need to liase with the Site Agent on the issues of site specific information etc, but they are your responsibility.
Ash
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Posted By David Brede
I would have thought the principal contractor on the site may a bit concerned if your organisation is importing a risk on to his/her site without systematically controlling it?
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Posted By Martyn Hendrie
In general the "organisation" putting the employee to work is responsible for undertaking the necessary risk assessments. In this case it sounds like your company would have that responsibility.
The Principal Contractor for the project has to be in overall control of the H&S arrangements. To that end he is required to get risk assessments and "method statements" from all contractors working on the project and co-ordinate their activities where neccessary.
It may be possible/appropriate for some form of genetric assessment to be prepared which can be used once checked as valid by your representative supervising the agency workers.
The other issue that you should consider in these circumstances is how the 'agency workers' are to be given sufficient information, instruction and training. (Site Induction/tool box talk, etc.)There being little point in having a risk assessment if those carrying out the work are unaware of the outcome.
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Posted By Joe McNicholas
Andy,
try this link to the HSE prosecutions area
http://www.hse-databases....asp?SF=CN&SV=F100000361
It's with regards to a fatal accident that occurred involving an agency worker.
From memory the company were fined for breaching sections 2 and 3 of the HSW act as the worker fell into both categories of being an employee and non-employee.
We have a similar situation at our company where deliveries are carried out to sites delivering kitchens, building materials and plumbing materials by both agency staff and full time employees.
We treat Agency workers as full time employees with regards to risk assessment. A generic assessment covers one off sites visited and a more specific assessment covers sites visited on a regular basis.
The generic assessment states that drivers should report to a person in authority on site (site agent etc) and be made aware of site specific issues.
In answer to your question, yes you should carry out an assessment for agency workers that covers your work activities (e.g. manual handling etc, is it unloaded to the nearest hard standing or placed wherever the customer wants?). Site specific information needs to be dealt with by a brief site induction by the site agent(no go areas, speed limits, PPE etc)
Hope this helps
Joe
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