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julesbon70  
#1 Posted : 11 June 2013 20:22:56(UTC)
Rank: New forum user
julesbon70

Hi we are currently in the process of face fitting all of our operatives. We often call in labourers from an agency,is it our responsibility to face fit them or the agency? We are a sub contractor working for principal contractors,at the moment we face fit the labourers to comply with our clients policies but as you can imagine we work nationwide and trying to get to a labour in different parts of the country on sometimes the same day is not cost effective. I believe there may also be an issue with the labourers thinking they can use the cert we issue with different masks working for different people. I have delivered non accredited fit to fit training to two supervisors who are working with numerous labourers so that we do not have to keep travelling up and down the country. The training I delivered to the supervisors was more in depth than the accredited training I received from a leading face mask manufacturer. i.e I carried out two face fits teaching the supervisor step by step then let him carry out a test whilst I observed, is this adequate training???? Bearing in mind my training involved watching the trainer do a mock test. Any suggestions Thank you With kind regards Julian
CliveLowery  
#2 Posted : 11 June 2013 22:53:14(UTC)
Rank: Forum user
CliveLowery

Hi Julian, Agency staff are classed as employees. Therefore you will need to carry out the fit test if they are not already done. The second issue regarding using the Cerys with other types of masks is an issue with us as we'll! They are however only valid for the particular brand and type tested - one size does not fit all. I write the manufacturers details on the certificate for all our own guys and We do not issue non employees with the certificate to avoid confusion. Regarding your supervisors training, a well known PPE supplier sells the kits with a video you can watch and then carry out the testing. I think if you are happy they are competent therm there should not be a problem. Regards Clive
julesbon70  
#3 Posted : 12 June 2013 19:50:00(UTC)
Rank: New forum user
julesbon70

Clive, Thank you for your feedback. I've got all the information on the certificates i.e names, mask, type, make, model and info on the fact that wearing a certain type of mask with facial hair may reduce the effectiveness of the mask plus the fact that they can only wear the mask stated on the Cert.(basically a copy of the Cert that's issued with the new kit) I'm happy that our supervisor is competent, each supervisor is given training as detailed and issued with a new face fit test kit . I was more worried about the "fit to fit accredited"scenario would be brought up by principal contractors. Also any ideas why not all principal contractors are asking for all those who wear a mask to be face fitted, we've also found that one site will ask and another site from the same company will not ask. Regards Julian
teh_boy  
#4 Posted : 13 June 2013 16:42:36(UTC)
Rank: Super forum user
teh_boy

julesbon70 wrote:
We often call in labourers from an agency,is it our responsibility to face fit them or the agency? Julian
I think that's a good question... CoSHH reg 7 suggests, Every employer shall.. So it depends on who we think the 'employer is' The poster above thinks it's you... but I just wanted to throw caution to the wind. In the case Mersey Docks & Harbour Board v. Coggins & Griffiths (Liverpool) Ltd. (1947) it was ruled that the crane hirer was still the employer.... http://www.safetyphoto.c...%20&%20Griffiths.htm Not sure if there is later case law specific for agency staff , but my point is the agency have control over their labours work and should ensure their safety. You have a section 3 responsibility and should ensure that testing is done. Now this all comes down to contract I suppose, as long as the fit testing is done that's all that matters in the eyes of law.. now who should pay is a much more fun argument :) http://www.hse.gov.uk/workers/agencyworkers.htm We need someone far more legal savy than me to solve this :)
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