Posted By Jonathan Sandler CMIOSH
No doubt this matter might have been discussed before, if not here is the situation.

You are the PC and as such, am using labour only staff, which is provided by an employment agency.

1. Under current CDM regs, contractors self governing, site safety tours, reporting their findings back to the PC, should this include employment agencies, as they are the employer, (a person who pays his staff the wage)?

2. Should then; the employment agency, have their own competent H&S person?

3. Should the employment agency provide full PPE, i.e. boots, hi-vis, etc... to its employees?

Posted By Jonathan Sandler CMIOSH
Charlie
Employment Agency Regs, DOC, HASAWA, CDM2007,MHASAWR.
Agency have supplied some PPE, but now as a CAB do not wish to provide.
H&S Competent person however, they have to by law, we still carryout our own safety inspections but want to get the contractors to work with us, united front brothers, ever onwards.......
Should the employment agency wash their hands as they take the money or should they carry out site inspections? DOC.
Any case law, guidance appreciated.
Death of a temp employee on a dock site springs to mind, any others.

Posted By CFT
Jonathan

How has the arrangement been set up with the agency to supply suitable operatives, it is just so darned flexible!?

Charley

Posted By Robert K Lewis
Jonathan

Not quite sure where you are heading on this or whether these are your, ie PC agency staff, or subcontractors agency staff. The latter is easy in a way because you treat the employees as though they are the subcontractors'. When the PC employs agency people therefore the logic says they are PC employees to all intents and purposes. If you accept this point then the rest of your question becomes merely hypothetical. The PC is responsible for the H&S of his employees whether temporary or permanent and thus has the section 2 duties towards them.

You have also vetted the agency to ensure they are competent to supply the right persons to meet your needs and with adequate training and competencies. They are unable to manage the details of your site and are not competent to check construction works but you are. If the agency was supplying trainees specifically then their requirements are somewhat different - these type of agencies are however rare, I know only one or two currently active. They still would not however do more than an assessment of the competence of the employing contractor - again not routine site inspections, but rather occassional inspections to verify their initial assessment of the contractor.

Bob

Posted By Jonathan Sandler CMIOSH
Just got this reply from, what used to be called the DTI after the question I asked:
Please can you advise:
Having reviewed the Employment Agency Act Section 13, does this refer to the agency providing the employee with protective footwear or the agency stating that employees must provide their own footwear?
When referring to health and safety legislation PPE Regs 1992 Reg 4, Management of Health and Safety at Work Regulations 1999. Reg 3.1 and in the HSE leaflet (http://www.hse.gov.uk/pubns/indg174.pdf )that states:

Can I charge for providing PPE?
An employer cannot ask for money from an employee for PPE, whether it is
returnable or not. This includes agency workers if they are legally regarded as your
employees. If employment has been terminated and the employee keeps the PPE
without the employer’s permission, then, as long as it has been made clear in the
contract of employment, the employer may be able to deduct the cost of the


Their reply:
Dear Mr Sandler

EMPLOYMENT AGENCIES ACT 1973

Thank you for submitting details of your enquiry.

I should explain that the Employment Agency Standards (EAS) Inspectorate is responsible for enforcing the provisions of the Employment Agencies Act 1973 and associated regulations. This legislation requires employment agencies and employment businesses to abide by specified minimum standards of conduct. Further details about the legislation can be obtained from our website, www.berr.gov.uk/employme...ment-agencies/index.html

Regulation 13 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, requires all agencies and employment agencies to set out in writing details of any fees that the agency or employment business might charge to a worker, which are not for finding or seeking to find them work. For example, CV preparation, finding accommodation, providing them with transport or uniforms. Any services provided and fees charge cannot be conditional upon the worker using and paying for these services in order to be found work.

PPE is different in that according to the HSE an employer cannot ask a worker (employee) to pay for PPE. If the PPE is not returned when the workers stops working in that position HSE consider that the employer can deduct a fee from the workers wages provided that it is in their contract or terms and it complies with the unauthorised deductions provisions of the Employment Rights Act.

I hope this is helpful.

Yours sincerely


Steve Keeler
Investigations Manager


Re the inspections, they must carry them out.
Hope that helps?

Regards

Posted By Joe Fenoughty
Joe Fenoughty NEBOSH H&S Officer

Hi Jonathan

I do not think it is the responsibility of the employment agency to provide any safety inspections, more for the employer on site to provide those controls.An outside agency specialising in inspections and safety tours could be used, they would then report to employing management. In my experience, contractors provide their risk assessments, method statements and PPE.