Posted By simon carrier
I am looking for some help on dealing with temporary/contract workers. We have a number of contractors/temps working on site mainly software engineers and we do not apply the same criteria to them with regard to induction and health surveillance or workstation assessment as we do with permanent staff. I tend to think that this is incorrect, and that we should be looking after them with the same dilligence as we do for permanent staff. Some of these temps/contractors have been on site for upto 3 years. Your comments on this thought would be appreciated.

Posted By Allan St.John Holt
Simon,

Time was when we got very fixated on the idea of the presence or otherwise of contracts of service as opposed to contracts for service. Nowadays the enforcement view is much simpler in practice. It all comes down to the question of control - can you tell them what to do and when to do it? Are they specialised such that you have no control over the details of what they do? Mostly you'll find that enforcing authorities ask questions like these, but in the end all the difference is in whether you get charged under Section 2 or Section 3 of the Act. If in doubt they will do both and let the court decide which applies!

As a result it's always wise to take the same standard of care for contractors of the kind you describe as for your own people. That way you'll never be wrong-footed, and besides - it's the right thing to do, surely?

Allan