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Posted By Ian Baker
An employment agency is supplying temp workers ( one man through to whole gangs, but labour only ) to railway infrastructure maintenance companies.
An auditor has stated that as full gangs may be supplied it is the responsibility of the employment agency to ensure welfare facilities are supplied rather than the maintenance company.
I am disputing this as Employment agency are not in charge or control of the site. am I right or wrong ?
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Posted By Ashley Williams
Its worrying when Croner ask us and we pay them to tell us? From memory it would depend on the contract arrangements between the agancy and the infrco and as i dont have them, i cant say for sure. But I believe the case law is already out there.
Ashley
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Posted By Brian Dawson
If the employment agency is the employer (which I assume to be the case)then they have the legal responsibility under HASAWA. However, I would normally expect this to be agreed in the contract between the parties.
Surely, we can accept that even Croner can't be expected to know everything off the top of their heads!
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Posted By Robert K Lewis
The Principal/Main contractor, depending on whether the work is subject to CDM, is responsible for putting the persons to work and is therefore the person responsible for welfare unless this has been specifically contracted elsewhere. The Auditor in this instance either a) has more information about contractual arrangments than you have provided or b) is not competent to be performing this task
Bob
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Posted By Ian Baker
Thanks for your replies and I had already suggested a review of their contractural conditions and arrangements implict or assumed.
You can trust Croner to have the answer but the reason for posing the question is to achieve input from us workers rather than the interlectuals in their ivory towers.
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Posted By Richard
God save us from people who won't admit they don't know everything, and who won't ask for help when they need it! (Is not knowing your own limitations the mark of a true professional, regardless of the area of expertise?)
Richard
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