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Posted By P. Moore
Our company has engaged a pregnant agency homeworker who is undertaking typing duties using her own DSE equipment, for a fortnight. Thus I need preganant worker, DSE and homeworking risk assessments. I was advised that the agency had a duty to supply these to us, but when I approached the agency, they have stated that they do not provide risk assessments and that this is down to us.
While I can undertake these (assuming that I am permitted to visit the worker's home), I want to establish whether the agency has a duty to supply them?
Is anyone able to advise me on this score?
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Rank: Guest
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Posted By sagalout
PM,
the simple h&s based response that you would find on say the HSE website would be:
"If you hire temps or agency workers, you must tell the employment business (agency) hiring them to you about risks to the worker’s health and safety and steps you have taken to control them; any necessary legal or professional qualifications or skills; and any necessary health surveillance. The employment business/agency should pass this information on to the worker in a way that he/she can clearly understand, and you must ensure the worker has received and understood it."
However, as someone better versed in such matters will hopefully confirm for us, exactly who has a duty re RA can also depend to a great deal on the contractual arrangments between yourselves and the agency, between the agency and the person being hired(directly employed by agency?)etc.
Note that, however, in all cases you are required to provide the details as above to the agency, which means you have to have risk assessed the activity doesn't it?
I would say that as it isn't difficult to do this RA why not just do it this time? Is it much more than advising the worker to apply controls according to x,y,z., do you really need to visit or could you supply a user checklist for the worker to complete and return to you?
That way, you have covered all the bases and given yourself time to research further so you know for future works. If you have an HR department they should be able to help you with the employment bit.
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