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Posted By Bill Morrison1
When using agency staff, especially young persons what duties does the agency have in respect of risk assessment. We will carry out our own RA, but the agency is stating that they have no duty as such. Where does the agencies responsabilty start. finish?
Any help , guidance would be appreciated
Bill
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Posted By David.G.C
The conduct of employment Agencies & Employment Businesses Regulations 2003 that came into force in april 2004 requires employment agencies to obtain, from companies who wish to hire its workers, information regarding the identified health & safety risks. The regulations require the agency to ensure that the hirer has carried out a formal risk assessment for the work to be carried out by the work seeker, in order for that information can be supplied to the worker before commencing the work.
i hope this helps
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Posted By Ron Hunter
The Agency has responsibility for sight tests for DSE Users employed by the host.
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Posted By Salus
the agency has the same duty of care as other employers.
You need to determine the master / servant relationship
Basically if you pay them, tell them where and when to work, you are their employer
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Posted By Jerry Lucey
Hi Bill,
The agency remains the 'employer' and retain the duties of the employer, even when the worker is on your premises.
As the controller of the workplace you owe the agency worker and their employer a duty of care and possibly assume some of the duties of the employer as you are in a position where you direct the agency worker on a day to day basis.
When in this situation I have always taken the following steps in order to ensure that the agency were in a position to fulfill their duties;
I have furnished the agency with a discription of the duties the worker would be expected to undertake.
I have outlined the special aptitudes or health risks involved with the particular work e.g. insisted on workers being free from respiratory conditions when undertaking work in chillers/ freezers.
I have provided the agency with a copy of the company safety policy and any risk assessments which would impact on the worker. It is important to assess the risks created for your personnel from the agency's activities, the risks for the agency personnel from your employees activities and the joint risks.
I carried out an induction and checked training records e.g. manual handling training records. Some companies put agency workers through such training while others insist on training being undertaken by the agency.
This probably oversimplifies the situation but hopefully is of some assistance.
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