Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Russ1977  
#1 Posted : 02 August 2016 14:00:49(UTC)
Rank: Forum user
Russ1977

Hi, I've been contacted to today by someone who is working at our place on a temp contract but not employed or paid by us, she is employed and paid by her agency. She has recently had an eye test and given a prescription for glasses for VDU only. Is anyone able to advise on whether we or the agency has the responsibility in terms of paying toward her glasses? I have read that Employment businesses (agencies) should: (i) on request, provide eye tests (and special corrective appliances, if required) to agency worker users who are their employees (regulation 5). However her agency are quoting AWR legislation, which I know nothing about but they seem to think that it takes the responsibility away from them, does anyone have an opinion on this? Thanks
watcher  
#2 Posted : 02 August 2016 14:49:08(UTC)
Rank: Forum user
watcher

In my opinion, it would be for the agency to provide, as presumably the worker could be placed anywhere and would need the glasses regardless of where they have been engaged to work. She is their employee and presumably this won't be the only time she will be working with a VDU. I can't see how this would be your responsibility I don't know what the AWR Regs are though.
Invictus  
#3 Posted : 02 August 2016 14:51:40(UTC)
Rank: Super forum user
Invictus

will hampson  
#4 Posted : 02 August 2016 14:55:23(UTC)
Rank: Forum user
will hampson

Hi Russ i work for a agency as a temp but normally when i require any equipment my employer has to provide as the agency wont pay. not sure if this is any help but i found this site with a bit of info on it . (ECIA considers that prescription safety glasses are required under the PPE regulations) http://www.ecia.co.uk/pages/index.cfm?page_id=196
Roundtuit  
#5 Posted : 02 August 2016 16:03:48(UTC)
Rank: Super forum user
Roundtuit

If they want to try and hide behind the Agency Worker Regulations ask them which specific article(s) exempt them as the actual contractual employer from providing PPE - when you get silence back cancel their contract as they are unfit to be "Employers". There is a difference between "access to facilities" (canteen, toilets etc.) as intended within these regulations and someone taking the preverbial sending someone not capable of adequately fulfilling the required task. Best one from experience was a new agency on trial who sent someone without any training or experience to be an FLT driver then tried to state that as I was the "employer" it was my duty to train them! At least they turned up with boots and the agencies Hi-Vis vest (probably charged the poor sod for them). Will - you need a new agency seem to recalll several have been in court for failing to provide or more correctly charging the worker for issued PPE
Roundtuit  
#6 Posted : 02 August 2016 16:03:48(UTC)
Rank: Super forum user
Roundtuit

If they want to try and hide behind the Agency Worker Regulations ask them which specific article(s) exempt them as the actual contractual employer from providing PPE - when you get silence back cancel their contract as they are unfit to be "Employers". There is a difference between "access to facilities" (canteen, toilets etc.) as intended within these regulations and someone taking the preverbial sending someone not capable of adequately fulfilling the required task. Best one from experience was a new agency on trial who sent someone without any training or experience to be an FLT driver then tried to state that as I was the "employer" it was my duty to train them! At least they turned up with boots and the agencies Hi-Vis vest (probably charged the poor sod for them). Will - you need a new agency seem to recalll several have been in court for failing to provide or more correctly charging the worker for issued PPE
nic168  
#7 Posted : 15 August 2016 12:22:13(UTC)
Rank: Super forum user
nic168

there seems to be some confusion here, I understood the original poster to be referring to Prescription spectacles for VDU use, these are not PPE. The DSE regs cover this but it is laid out quite clearly in the ACOP. The DSE Regs emphasise the duty of the employer to provide eye tests and sight tests to their employees, The ACOP clarifies this by stating that there is no duty to offer eye tests or sight tests to those not in their employ ( IIRC around para 50.) Redaing the Original Post it seems that the Agency are unaware of their responsibilities towards their staff.
Users browsing this topic
Guest (3)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.