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Posted By Phil Parkin
Do temporary workers have the same legal rights to health surveillance as employees?
If you come under the legal definition of a worker and not an employee does this mean that an employer does not have to provide health surveillance?
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Posted By jervis
I would of thought they would of been covered by the Health and Safety @ Work Act 1974 being temp staff or full time !
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Posted By Hilal KINLI
In Turkey, you are responsible from health surveillance of temporary workers if they are working in the jobs having special hazards to health and require special health surveillance, according to a Turkish regulation adopted from EU 91/383/EEC Council Directive Supplementing the Measures to Encourage Improvements in the Safety and Health at Work of Workers with a Fixed-Duration Employment Relationship or a Temporary Employment Relationship.
When necessary, you need to continue to specific health surveillance after temporary workers leave the company.
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Posted By graeme12345
If a company employ you, pay you and tell you what to do you are an employee, and a temporary / PT worker / employee is no different from a full time employee, the company has the same duty of care.
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Posted By D H
Nice one John - I had not seen that.
But I am with Graeme 12345 on this one - of course we are due everyone the same duty of care.
If a contractor comes on your site and is injured because of your activities - they can sue you - and they have not been in your employment for 12 weeks!!
For heavens sake - what has GB and the unions agreed to? Are they saying we can take people on site and expose them to anything we wish in the first 12 weeks - and no need to comply with the regs??
I bet there are a few solicitors out there rubbing their hands with glee! Case law pending!!
As a decent employer in this day and age however - we should be looking at everybodies best interest. Treat the workers with the same attitude and respect that you expect yourself. Remember that the Corporate Manslaughter Regs are now in place - that is is also awaiting case law durisdiction.
But I must beg the question - and do expect an answer - why would you treat temps differemtly from other employees - apart from salary?
Dave
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Posted By Phil Parkin
I hope this will shed some light on my reason for the original question.
It's a question of practicality,
I work within the fabrication and welding trade.
If you know that you only have the work to employ someone for a short period of time, say 2 months,do you spend time putting them through medicals hearing tests etc?
Lots of the guys move around as a matter of choice in order to make more money, you could end up employing someone for 2 months and have him leave for another job after 2 weeks. You may have spent a considerable amount of time and cash on the start up phase of medical surveillance.
How long do you employ someone before you start with hearing tests, lung function tests, etc?
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Posted By John Richards
I worked in that trade for over 30 years.
The VAST majority of the workers are not in any health surveillance program, of any sort.
Further, the majority of employers have little or no PRACTICAL health and safety programme, just paper H&S.
Dust and fume go uncontrolled, rpe is mandatory, and preferred to ventilation.
OELs' are good for a laugh, and who cares anyway ?
MELs' ditto.
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Posted By D H
Phil - I can see where you are coming from. But in a court of law you have that duty of care as described in the Regs.
I understand the costs are expensive - but compare that to a fine, compensation claim, bad publicity etc.
Can you not get a welder in on a long term contract - or employ him?
Dave
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