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Posted By Lorraine Shuker
Who should pay for these ~ the temp agency or the employer in the place of work.
Just to clarify these are long term temps not day here day there types.
Your views welcomed ~ thanks
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Posted By Paul Price
The agency employing them see H & S (miscellaneous amendments) Regulations .Regulation 5 state that any costs are the agencies and not you .
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Posted By Paul Price
H & S (miscellaneous amendments)2002
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Posted By Bob Shillabeer
Hi Lorraine,
If you look at the HSE Work with DSE guidance (ISBN0-7176-2582-6 Publication L26) it states clearly what agency workers involve. It shows what the host employer must do and what the agency employer must do. The agency employer is responsible for eye tests as the agency staff member is not going to work only for the host employer and it is unreasonable to expect one host to pay for the cost of eye test, etc.
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Posted By Jonathan Sandler CMIOSH
That is only if the agency worker is PAYE not self-employed, then it could come under IR35 rules.
L, you will have to ask the person the question, are they employed or self employed, if self employed, then it is down to the individual, unless the contract is between you and the person, which in this case it is not.Hope you have followed the thread.
Regards
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Rank: Guest
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Posted By Lorraine Shuker
Thanks for your replies ~ have found the correct information now
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Rank: New forum user
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I understand that agency workers should have eyetests paid for /provided by the host employeer (Agency) and this applies to self employed individuals too (as the end company arn not the host employeer). But when they're direct employees, but on a 3 month contract, I'm unsure if we should be providing free eye tests, i feel technically we should as we're the host employeer, but senior staff seem to feel that this seems odd for such a short contract. Could someone help me to clarify to them clearly?
Many thanks,
"Newby" Steve.
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Rank: Forum user
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If a person is on a 3 month contract how much harm can an employer with the poorest of practices do to that persons eyesight?
How would the person prove that the harm to his/her eyeight was down to working with that particular employer for this short period?
Agency pays them / finds them the work / owns the duty of care
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Rank: Super forum user 
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One week, one month, three months, one year, two years they are STILL an employee A particular government permitted "temporary" contracts to run for up to 24 consecutive months - are you going to tell the HSE an employee with 22 months service has not had a basic induction because they are not "full time"? Do they have to wait for a pair of boots, Hi-Vis, safety specs? The clock on HSE legislation starts when the employee is engaged, not with any proviso of how long their contract may last. Yes I can understand a financial impact but when the 3 months is extended and extended and extended yet again and suddenly you are two years later... it is probably a bit late in the day given eye tests are recommended to the general population every two years. What does need challenging is 3 month contracts given the actual financial costs of employment. Also consider the eye test under DSE is "if required" and typically £20 or less - have your management read and understood that wonderful line in the recent sentencing guidelines about cost being no barrier to providing H&S?
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Rank: Super forum user
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One week, one month, three months, one year, two years they are STILL an employee A particular government permitted "temporary" contracts to run for up to 24 consecutive months - are you going to tell the HSE an employee with 22 months service has not had a basic induction because they are not "full time"? Do they have to wait for a pair of boots, Hi-Vis, safety specs? The clock on HSE legislation starts when the employee is engaged, not with any proviso of how long their contract may last. Yes I can understand a financial impact but when the 3 months is extended and extended and extended yet again and suddenly you are two years later... it is probably a bit late in the day given eye tests are recommended to the general population every two years. What does need challenging is 3 month contracts given the actual financial costs of employment. Also consider the eye test under DSE is "if required" and typically £20 or less - have your management read and understood that wonderful line in the recent sentencing guidelines about cost being no barrier to providing H&S?
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