Posted By Adrian Clifton Richard Who pays the wages? If it's the agency, then the agency should provide. If it's the client , then the client provides. Whoever pays the wages is the employer and, under Reg 4 of the PPE Regs, the employer is required to provide. Adrian

Posted By stephencarey We no longer use agency workers, but when we did if they arrived without the basics boots gloves hat they were not allowed to start work Other items masks ear defenders etc.unless specific to their jobs we provided. This was a stated condition of placement with the agency on all staff they provided. This worked, not sure of the legalities though.

Posted By George Wedgwood This is a common problem with Agencies and we can't as clients, expect them to know our specific risks unless we discuss our requirement in detail with them - and, as necessary, share relevant task instructions, risk assessments and work standards etc. Early discussion and sharing of H&S advice leads to delivery of fairly competent workers already prepared and aware of the work to be done. Failing that, the client will have no option if they are to be protected in law, to deliver the basic H&S awareness training and relevant PPE prior to a start on site. Remember that Agency work is simply a contractual agreement and imposes a responsibility on the client to take reasonable efforts to protect workers and cooperate with the contractor (Agency in this case). It can be agreed that the Agency actually takes the full H&S responsibility for training and PPE but that needs a good contract document! In my experience, a sound system works well when the client treats the Agency as their own staff and my last employer did just that with considerable success. George

Posted By Glyn Atkinson Use the business contract drawn up between agency and the host company requiring labour that: - For any length of agency contractor employment - days, weeks , or even years - It is the agency's responsibility to provide fit for purpose PPE (as detailed in our job description for worker requirements)for all agency workers at the agency cost as part of the agreed fee for workers on site. It is the host company's responsibility to ensure that when the agency worker arrives on site, he has brought that PPE with him / her and that they are wearing it for the job requirements. The host company have the right to refuse entry to any agency worker not arriving on site with fit for purpose PPE. If written up and countersigned by host and agency as part of the formal agreement prior to workers starting, there should be no misconception of who buys and who has to wear as part of the job. Don't forget how many firms regularly buy in agency labour for one day only or parts of a week (a fitter or a welder for a quick breakdown repair if they don't employ their own regular maintenance crew)- would you expect the host to pay out for boots, gloves etc for every different one day visit? I don't think that would be practical, and there'd be lots of newish PPE etc at local car boot sales.

Posted By Jim Walker In a previous job this cropped up. People kept getting sent with no PPE. I visited the Agency office and threw a strop saying we would dump them (the agency)if staff turned up with no PPE. Then all was well, later I found out that the agency made the staff (following my rant) buy their own kit. I called in HSE inspector who visited the Agency MD and told him in no uncertain terms what would happen if this continued. Agency staff thought I was some sort of saint for long after!!

Posted By Steve B I do not use agency workers, but in my previous job I did. I would inform the agency what the worker would be doing.... i.e. THE RISK ASSESSMENT. and would expect the worker to turn up with all the relevant PPE to enable him to comply with said risk assessment. as above specific PPE ear protection, goggles etc i would supply, but the basics like boots, the agency (employer) Regards Steve

Posted By John Caboche Following the introduction of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 on 1st April 2004 client companies are now required to forward to employment agencies a suitable and sufficient risk assessment before they can send personnel to worksites, to allow sufficient information to be given to the temporary worker. Risk assessments should be site and task specific. This also allows agencies to decide what PPE they need to provide their employees with based on the risk assessment. There was a short article on this in the MIIRSM's newsletter about approximately 2 years ago, and as I was working for a company that undertook track labour supply on the railway, we informed all our clients of this new set of regulations. Mind you I can count the number of risk assessments I received on the fingers of one hand over the course of a year. As an labour supply agency, we used to supply all of our operatives with PPE apart from boots, for which they could either choose a pair up to a certain value or were given an allowance, but then the railway is a lot stricter than a lot of industries when it comes to this. Hope this helps John

Posted By Arran Linton - Smith In the case of Dacas –v- Brook Street Bureau, it is established that “the end user” is the employer and not the agency.

Posted By Bill Parkinson Had an instance where agency workers were turning up with footwear. We supplied the workers and then deducted the cost from that which was paid to the Agency. They never complained and the workers got themselves new boots which they could take with them.

Posted By John Murgatroyd http://www.businesslink....OURCES&itemId=1077244387

Posted By John Murgatroyd It's illegal for employment agencies to charge someone either for obtaining employment for them or for their continued employment. They usually charge to end user a set fee or an hourly rate. Employment agencies must comply with the minimum standards of conduct set by the Employment Agencies Act 1973 and regulations. An agency must not charge for finding or trying to find work (with some exceptions, mainly in entertainment and modelling) An agency employing you to do temporary work must give you written terms, and must pay you, even if it has not been paid An agency which collects your pay from an employer must pass it to you within ten days, unless you request otherwise