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Ian Mitchell  
#1 Posted : 17 August 2013 17:58:28(UTC)
Rank: Forum user
Ian Mitchell

Good Evening My friend operates a labour agency and wishes to supply to the rail industry. He has registered with the Link Up scheme and now has the core module audit proforma and product code questionnaire etc. He has spoken to me in passing as 'you have dealt with all that Link Up stuff' and asked me some advice. My involvement has been as PC or Subcontractor only (from 2006 to 2010) and never as a labour supplier. so I promised him I would ask those in the know on here. To what extent does his responsibility with regard to medicals, drug and alcohol and competency management stretch? Is he a full 'employer' and therefore liable fully for all the duties of a 'sponsor' in the same way as a contractor carrying out physical works would be, or is there a semi-exemption as he will only provide labour to contractors. I accept there will be a requirement to competency check people when they approach him for entry onto the database of labour, but things such as pre-employment medicals and ongong competence assessments etc would surely not be practicable for personnel who would be transient at best. Any advice welcomed. Sorry if this is a very specialised question on a generalist forum! Regards Ian
Pompeykeef  
#2 Posted : 17 August 2013 23:03:28(UTC)
Rank: New forum user
Pompeykeef

Hi Ian All operatives your friend takes on must undergo pre-employment checks and Drugs & Alcohol testing, then be sponsored by his company, regardless as to who he is supplying. Under the new rules all operatives are classed as his employees and so regardless if they are self employed he has to meet these requirements. He must also meet the insurance requirements along with the Health & Safety and Environment requirements. This means employing or engaging someone to advise who has relevant railway experience along with recognised qualifications. Because of the stringent regulation he will also have to monitor hours, scheduling, breaks, competence and arrange training, assessments and mentoring. This is the reason why the railway has less contractors than many other areas and also because of the costs, why the ones who work on the railway tend to be bigger companies.
alexmccreadie13  
#3 Posted : 19 August 2013 19:15:20(UTC)
Rank: Super forum user
alexmccreadie13

Ian As Pompey says that's what we would expect. We hire in labour for Network Rail work and expect everything Pompey has said of our labour suppliers. There is also a time factor involved. We as a hirer would not have the time to get them Personal Trackside Safety (PTS) trained which is everything already mentioned. This training includes Drug & Alcohol Testing ,Medical and a 3 day training course. It may seem a big market but the training and cash outlay is tremendous. Regards Alex
pastapickles  
#4 Posted : 21 August 2013 13:15:31(UTC)
Rank: Forum user
pastapickles

Ian If an individual has had a medical which is in date and had a Drugs & Alcohol screening in the last 12 months your friend would not have to repeat them before sponsoring them. This is assuming that they are current PTS holder. But the best point advise is to ensure that your friend meets the requirements for competent ESH advice, there are a lot of consultants that would be more than willing to assist. Regards, Richard
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