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#1 Posted : 14 May 2003 13:29:00(UTC)
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Posted By Bob Youel Colleagues. What do people do with regards to supplying boots etc to temporary [v- short term in medium / higher risk environments]agency employees. Please no ref to law or the self employed agency temps. I would like to know what people are actually doing as against what we should do. Regards.
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#2 Posted : 14 May 2003 13:42:00(UTC)
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Posted By Jim Walker Bob, This is a regular question on this forum. Basically who is the employer? they are responsible for providing PPE regardless of time scales. Here, we provide boots ready on day one. If they are agency staff (acency employees) then they are required to turn up with boots or no work! It came to my attention that an agency we used (national name) made the staff buy their own boots. Being a believer in fair play and complying with the law, I reported them to HSE. I believe they were served with a improvement notice.
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#3 Posted : 14 May 2003 14:49:00(UTC)
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Posted By Geoff Burt Bob There was a similar discussion several weeks ago which provided information on what some companies do. Unfortunately when I put up PPE in the search facility I get over 200 responses (appeared contains the letters 'ppe' for example), and I can't spot which one it was. Geoff
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#4 Posted : 14 May 2003 15:24:00(UTC)
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Posted By Karen Rogers We carry out a similar system, Agency workers are expected to turn up on their first day of work with safety shoes otherwise they are unable to start work. I too have come across agencies that expect the guys to provide their own PPE. The agencies we now use provide Safety Shoes along with a work uniform. We however provide safety glasses, gloves etc and enforce the wearing of this PPE. Karen
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#5 Posted : 14 May 2003 15:58:00(UTC)
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Posted By Sean Fraser I know the request was not to have yet another theoretical debate on the subject, but I couldn't resist. It all comes down to the status of the person actually doing the work. If they are self employed and are using the agency as a means of obtaining short term contracts, the individual is responsible for providing their own safe tools under PUWER and their own PPE to help carry out their work safely. If they are employed by the agency, then the agency is responsible for ensuring the are provided with these items and under HASAWA '74, they are to do this free of charge. I applaud those who have not been tempted to turn a blind eye to what was no doubt industry practice and reported offenders to the HSE - the client will always be a stronger voice against the rogue elements than their employees ever will be. As I said in previous thread, I believe that a clear policy statement on the matter built into the tendering stage and the final contract will make responsibilities abundantly clear - so if someone appears without the right tools and equipment which was part of the contractual agreement, there is a breach of contract and work cannot begin until the breach is rectified. It would be difficult for a rogue trader to take this to court and sue for damages in any case!
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#6 Posted : 14 May 2003 16:16:00(UTC)
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Posted By Geoff Burt Bob Try 'Who writes the cheque' last post on 22nd April. It's not as informative as I'd thought but there are a couple of interesting points. In reality it depends on each industry, each company and each agency despite what the law says. On smaller building sites for example, in my experience temporary workers will not get on site without providing their own boots whether they come from an agency or not. A number of smaller building companies and a couple of factory clients will not provide boots even for permanent employees until they have been with them 3 months. Others have a pool system where they issue used boots. The larger developers don't seem to have a problem which I guess is because they are able to dictate terms to their agencies due to the volume of work on offer. Geoff
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