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DSE assessments for agency staff/contractors
Rank: Forum user
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Hi All Would like to know what everyone does regarding the above? Do you have it written up in the contracts that the Agency ensures temps have had eyesight tests etc , or do you just offer the tests to everyone who works for you?
Thanks in advance
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Rank: Super forum user
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Anyone using dse is offered the same here
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Rank: Forum user
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Pretty much same as Jodie. We dont distinguish between employees & temps, so all required to complete DSE assessments, and have access to eyesight tests etc.
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Rank: Super forum user
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H&S, environmental and fire law applies to agency staff in exactly the same way irrespective of their individual employment / control status
This is also a HR problem [as they usually sit at the directors table unlike most H&S] however HR have few if any tools in their box for agency & not tools at all for volunteer or people under 18
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Rank: New forum user
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The DSE Regulations does not discriminate. So it is best practice to offer to all VDU workers
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Rank: Super forum user
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But the Regs do discriminate. Only users are entitled to eye and eyesight tests. Users are employees of the company not agency workers.
LB
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Rank: Super forum user
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leadbelly wrote:But the Regs do discriminate. Only users are entitled to eye and eyesight tests. Users are employees of the company not agency workers.
LB Agency workers are still classed as employees and therefore users.
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Rank: Super forum user
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actually if we being exact they are defined as workers (just looked it up ;).
We have many long term (more than a year) agency workers at many of our sites, who use DSE daily. Are we saying these people are exempt for the DSE regs?
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Rank: Forum user
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Or come to your answer by looking at the question the other way round? You are providing equipment for them to work on according to a contract. Your own employees will have an assessment for DSE, why shouldn't a contractor or agency worker? If something happens in the future don't you want to be able to demonstrate that you did an assessment? Alternatively, let them bring their own DSE on to your site, they can do the assessments....but hang on you now have to deal with PA testing etc,etc.
Easier to just get on with them a treat as your own.
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Rank: Super forum user
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Just charge the cost of the sight test back to their agency!
12 Where temporary workers do qualify and claim their entitlements for tests and corrective appliances these will be at the expense of their own employer ie the agency rather than the agency's clients.
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Rank: Forum user
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Mr. Flibble,
The agency may (and is usually) not the agency worker's employer, they are exactly what it says an "agent" for the worker. It will depend on the wording of the agency's contract with the worker, but it is highly possible that the agency has little or no health and safety obligations in respect of that worker.
That is the joy of being an agency.
DJ
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Rank: Forum user
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Confined,
If you have employed agency staff for 12 weeks they effectively have the same health and safety rights as 'employees' as opposed to 'workers', who have less rights.
Once a temporary worker has been with you for 12 weeks you will need to pay for any eyesight tests identified as necessary.
Regards DJ
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