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Posted By AJM I would like to ask a hypothetical question regarding health surveillance it hasn't arisen yet but would like to be prepared if it does.
Right you have an employee who comes to you from an agency, for all intents and purposes paid by them but working for you so their employee.
You have a system in where you have an initial Asthma questionnaire which you get the agency to implement for any staff they are going to send to you pre-employment.
After six weeks you have an ongoing questionnaire that is also required to check they are not being sensitized etc. All this time they are still paid by agency so their employees.
1. If a problem is raised on either questionnaire IE a yes answer and specific health professional medical advice is to be sought maybe including a medical. Who do you see as responsible to pay for that the agency who's employee they are or the company they are working in.
Thanks in advance.
Alan
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Posted By holmezy
Hi
personally I would ask the agency to pay. If that becomes a sticking point, then would refuse this agency worker cuz you dont want to be putting him at further risk.
Thinking about it,,,,
Might be wise to refuse him anyway, if in any doubt as to his suitability to work safely, ie no additional risk to himself.
however, only my opinion, so stand to be re advised!!
Soon be alcoholoclock.....looking forward to it this week!!
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Posted By Edward Shyer Hi
If the questionnaire is carried out by the agency make sure that they send you a copy of the completed questionnaire before they send anyone to work on your premises. I would also carry out the same questionnaire as soon as the person arrives and compare the answers given.
Then:
If the answer is a yes (pre-employment) on the first questionnaire and you perform any work activities that may be prone to triggering of an asthma attack then I would say do not let the person on your site and refer (isn’t that a nebosh word) them back to the agency.
If the answer is yes (after employment commences) to the second questionnaire then you would have to show that the person did not receive the problem as a result of a work activity at your workplace. I would request the agency to pay for the surveillance at this stage but if they refuse then I would offer the surveillance to the individual and meet the costs.
Ted :-)
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Posted By AJM Thanks for the replies so far and to answer a couple of specific questions. It is me the company health and safety manager that is implementing and pushing this. I have set a procedure up and guidance's for both company and any agency which includes them alerting us straight away for any yes answers and them giving us a copy.
Although you would have to argue Its the agency who should be instigating it as they are there employees but maybe I expect too much. I suppose the agency might complain about having to foot this bill and not want to give people to us. But I don't see what else I can do to protect all parties including the employees.
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Posted By Edward Shyer What you need to do is get all this clarified and included into the terms and conditions of the contract with the potential agency. The one thing in your favour is that if they do not like it find an agency that will include these, there are plenty of them about and you will be paying good money for their services.
Ted :-)
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