Rank: Forum user 
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Hello IOSH, A client of mine has asked me to provide clarification on who's responsibility to provide Asbestos Awareness training? Would it be the agency or my client who has been appointed PC. The contract involves the removal of suspended ceilings which closely abut AIB partitions, the agency workers will be dismantling the suspended ceilings leaving 2no tiles either side of the asbestos partition for the licensed guys to remove as part of the AIB removal process. As a rule of thumb, myself - have provided cat 1 asbestos awareness training to the agency guys much to my disgruntled client, but the question remains (and for future reference) who’s responsibility is it to provide AA training to agency workers. Any comments/advice would be greatly appreciated. Damian
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Rank: Super forum user 
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It depends upon the agreement you have with the agency as to the workers they provide. If this was not specified then it would fall to you.
Extract from: http://www.hse.gov.uk/vu...cy-temporary-workers.htm
In practice, the day-to-day responsibility for health and safety during the assignment will lie with the end user. It will be in the best position to manage the health and safety of the temporary worker as it will direct the worker’s activities and control the premises where that work takes place. The end user must ensure the safety of its temporary workers, as it does that of its own employees.
The employment agency and the employment business however, must take reasonable steps to identify any known risks concerning health and safety and satisfy itself that the end user has taken steps to prevent
or control the known risks. This must be done before the work starts and must include obtaining the following information from the end user:
- what the worker will be required to do and any health and safety risks, including what steps the end user has taken to prevent or control such risks;
- what experience, training and qualifications are necessary for the job.
In reality you would have paid for this either way. If you had specified that those agency workers had AA certificates theywould have just added it to their hourly rate.
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 2 users thanked WatsonD for this useful post.
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Rank: Super forum user 
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Your clients contract = your clients responsibility to adequately control the work activity (and the asbestos).
As they would be working in the vicinity of, and may inadvertantley have contact with, asbestos how does your clients RAMS address information and instruction to all involved including these agency workers?
Unless it is a very specialist agency all you are hiring is a pair of hands that require supervision and instruction (& training) so the task is completed in the documented manner.
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2 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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Your clients contract = your clients responsibility to adequately control the work activity (and the asbestos).
As they would be working in the vicinity of, and may inadvertantley have contact with, asbestos how does your clients RAMS address information and instruction to all involved including these agency workers?
Unless it is a very specialist agency all you are hiring is a pair of hands that require supervision and instruction (& training) so the task is completed in the documented manner.
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2 users thanked Roundtuit for this useful post.
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Rank: Super forum user 
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Good question and one that has often arisen when I have worked on major contracts - the answer is the employer. Regulation 10 of CAR 2012 states the employer is responsible for providing adequate instruction, information and training i.e. AAT.
Now the question begs who is deemed the 'employer' of the personnel in question. In the case of agency staff I believe the agency is the employer and it is they who should provide things like PPE, etc. Notwithstanding from a pragmatic point of view it may be a lot simpler for the PC to provide AAT where they deem it necessary. This is the problem when regulations are not properly enforced.
I would be tempted to charge the agency for AAT as it is their duty to ensure their personnel are adequately trained for the role - good luck with that one!
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Rank: Super forum user
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The agency as "employer" can only be expected to provide for those matters they were aware of when making arrangements so back to the contract - general labour, labour to remove tiles or labour to remove tiles where asbsetos containing materials are present - my money is on the "cheapest & briefest" description having been used.
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Rank: Super forum user
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The agency as "employer" can only be expected to provide for those matters they were aware of when making arrangements so back to the contract - general labour, labour to remove tiles or labour to remove tiles where asbsetos containing materials are present - my money is on the "cheapest & briefest" description having been used.
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