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Posted By Richard Davison
Where a company uses temporary labour via employment agencies - where does the responsibility for providing a duty of care lie? I'm fairly certain it's up to the company utlising the agency workers - under the "others" banner. However, surely the employemnt agency must assume some responsibility as "the employer".
Some advice/guidance on this matter would be appreciated to assist with resolving a current wrangle over a Personal Injury claim and to allow development of a robust system for future cases (hindsight being such a wonderful thing!).
Many thanks in anticipation of assistance.
Richard
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Posted By Steve Appleton
Hi Richard,
I’m not sure on the complexities of contract law, and whilst I agree with you that the agency as the employer must have responsibilities - in my experience, this is how it works in practice.
You inform the agency that you want labour, specifying what they will be doing so that the agency can send suitably qualified & equipped workers.
If when they arrive they are neither suitably qualified / equipped you should ask the agency to replace them.
Once they start working for you the agency will then expect you to treat them pretty much as one of your own staff in respect to inductions, safety assessments, consultation, information & instruction etc. The agency would also expect you to provide additional training & safety equipment if you then go onto give them addition tasks that would warrant this.
I suppose the sensible thing to do would be to only use the agency workers for the tasks originally agreed with the agency – but if you have a good agency worker you tend to hang onto them.
I seem to remember an article recently in one of the safety magazines concerning agency workers - but unfortunately didn't read it so I can't provide more detail
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Posted By Steve Sedgwick
Look at the common law duty of care.
You provide the equipment, the training (in most cases), instructions, system of work, supervision and management in premises that are under your control. More than likely the PPE as well.
Almost all the HS responsibility is with you, unless of course the contract with the agency is to provide many of the services listed above eg specific task training, supervision etc.
However there may be an argument if the agency has not fulfilled their responsibility by sending some one totally unsuitable either by not vetting properly or knowingly.
I think your insurers will know this
regards
Steve
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Posted By Emma Righton-Corrick
Hi Richard
I concur with Steve Sedgwick, that if agency staff are working in your operation, doing the same job as your general employees, and you are providing training, tools, equipment, PPE and Supervision then they are your liability. Each case should be judged on its merrits but this is a rule of thumb. We allow for agency workers within our EL Insurance based on this concept.
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Posted By Richard Davison
Many thanks for your responses; you have all pretty much confirmed what I suspected to be true anyway. Just thought I'd better check!
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