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Swygart25604  
#1 Posted : 06 July 2016 13:06:17(UTC)
Rank: Forum user
Swygart25604

We have taken on a few agency temps on our shop floor, and we are going to put them into our occupational health provision for things like spirometry, skin checks, audiometry etc.

Question is - who pays? Us as the employer, or the agency that actually employs them? I would say that it is the latter (as per PPE/safety shoes etc), but I would just like to get that cleared up before tackling the agency on it.
Kate  
#2 Posted : 06 July 2016 13:13:38(UTC)
Rank: Super forum user
Kate

It's my experience that agencies will not pay for anything unless it is written into the contract (which they have composed).

I think they will argue (when they have stopped laughing) that as you are the one unilaterally making the decision to provide health surveillance then it's nothing to do with them.

We pay for the health surveillance for our agency staff. Some of our contractors have been reluctant to take part because they believe it may risk their tax status
Swygart25604  
#3 Posted : 06 July 2016 13:27:20(UTC)
Rank: Forum user
Swygart25604

COSHH Regs ACoP L5 version 6
Regulation 11

(8) An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1) and, in the case of an employee who is subject to medical surveillance in accordance with paragraph (5), shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.

Define “employer”……………..
WatsonD  
#4 Posted : 06 July 2016 14:18:44(UTC)
Rank: Super forum user
WatsonD

If we assume that the agency is the employer then from your excerpt: "An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required".

And your OP it is not his employer that requires this, but you. Therefore it will still be at a cost to you.

I also refer you to this page http://www.hse.gov.uk/vu...cy-temporary-workers.htm

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