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Posted By Eric Burt
In 1996 I investigated an accident to an agency worker which resulted in the HSE prosecuting the organisation under section 2 of HASAWA (i.e. they considered he was an employee of the host employer although a contract of employment did not exist - section 53 HASAWA.)
Has anyone been involved in any accidents to agency workers where the HSE have prosecuted under section 2 HASAWA or Section 3 HASAWA (or any other H&S legislation?)
I am also interested in any civil cases involving agency workers and host employers.
Many thanks,
Eric
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Rank: Guest
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Posted By Neil Pearson
Interesting! I remember a discussion on here a few months back. I said that an employment contract wasn't needed, it was more to do with a "master and servant" relationship existing - you don't have to be on someone's payroll for them to owe you a s.2 duty. But I was taught that 10 years ago, and haven't discussed it with a Principal HSE Inspector for a while. Someone roundly ticked me off and rightly mentioned updated guidance which seems to contradict my original understanding. Are the waters still muddy? Situation normal then!
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