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Posted By fats van den raad
I ask this because this is an area that is very grey to me.. Hopefully someone can clear the mist.
A friend is setting up as a small employement agency. The number of employees working directly for the agency would be 2 i.e. himself and an admin assistant. So in that respect, no written Policy required. He plans to supply labour and skilled tradespeople to the construction industry. The question is: Are the people that he supplies to the construction sites classed as his employees, thereby changeing the requirement for written safety policy, etc??
And if so, what would be included in the policy? Just the agency side of things, or would issues relating to client premises etc form part of the agency policy??
Hope someone can help and point in the right direction.
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Posted By Chris Black
Fats
Everything depends on the contracts he has with the individual. My Company has contract staff who are either fully paid memebrs of staff of the agency, Freelance individuals who work for their own company but who pay a fee to the agent for finding them work or "casual" workers who are classed as self-employed but not through their own company. Only the first mentioned could be classed as an employee thereby forcing your friend to develop arrangements to protect his health and safety, however there are other factors to consider. The third mentioned would be in a position where the agency has to make basic arrangments on his behalf based upon what is reasonably forseeable and practicable.
I would advise that your friend develops and implements a policy and supporting safety management arrangements. An agency was successfully prosecuted jointly with their client for a range of breaches resulting in the death of an engineer working on a rail contract last year. I forgot the details but I believe it centred on the competency of the individual and communication over control measures, I am sure someone else out their has proper details to share.
A reputable agency would now be expected to take the lead and agree safety management arrangements with a client in advance of making a placement and I now recieve one or two communications per month on this. if your friend is serious about the business and cares about the people who will make his money for him then he should be writing the policy and developing supporting arrangements in advance.
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Posted By Frank Hallett
Good morning Fats.
There has been extensive discussion on this topic on this forum recently. Perhaps if you researched the comments etc already provided and then review for any specific issues and ask for assistance on those issues it may help.
Frank Hallett
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Posted By fats van den raad
Chris
Thanks for your reply. It supports my own opinion as well.
Frank
Thank you as wel for your comment. I consider my wrist now firmly slapped! However, I have tried to search for a discussion specifically relation to H&S policies in employment agencies without success. Maybe I'm just too dumb to find it or it may even be that there isn't one. Whichever of the two is true, seeing as I personally have no experience in the employment supply industry sector, I thought it may be worth while asking for some advice.
May I be so forward as to suggest that you may want to consider just not replying to posts that you find annoying in future, instead of elevating your blood pressure by making a caustic reply.
If I have misinterpretd your reply I humbly apologise. As I said, I'm sometimes stoopid, me
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Posted By Kieran J Duignan
Dear Fats
There are over 20 pieces of legislation controlling the operation of employment agencies in the UK. Most of them are classified as 'HR' or 'employment', although there is no such clearcut classification in law.
Employment agencies do share responsibility for health and safety of people they contract to employers.
Your friend would be well advised to get a copy of all the employment legislation so that he can check for compliance - and use this as part of his credibility in the marketplace. (If he is a bit lost about H R issues, I'd be content to have a brief conversation with him, as a Fellow of the CIPD with some years' experience in construction industry; my office tel. no. is 020 8654 0808)
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