Next Recruitment understand that candidate's health and safety is important to you. listed is some basic information of the requirements under the Health and Safety at Work Act 1974 and The Management of Health and Safety at Work Regulations 1999. This information is for guidance only.

What are my duties under this legislation?

Section 3 of the Health and Safety at Work etc. Act 1974 requires employers to conduct their undertaking in such a way as to ensure so far as is reasonably practicable, that non-employees, including temporary workers, are not exposed to risks to their health & safety. The Management of Health & Safety at Work Regulations 1999 include specific requirements relating to temporary workers.

 Who are Temporary Workers?

Temporary workers are employed for a variety of reasons, for example to cover for permanent employees who are off sick, or on holiday, or to cope with seasonal increases in workload. In many cases temporary workers are employed by an employment agency, in other cases they are self employed finding work through recruitment agencies. Temporary workers are an important safety management issue because they are unfamiliar with the workplace and company rules, and are on site for a limited time period.

What do the Management Regulations require?

•Risk assessment.

Temporary workers should be considered within your risk assessments i.e.if they may be at risk from your activities.

•Health and safety arrangements

As an employer you should set up effective arrangements for the management of health & safety in the workplace. These arrangements should include procedures to ensure the safety of, and provide appropriate information for temporary workers.

•Information.

Temporary workers should be provided with information on risks to their health & safety that have been identified by your risk assessments, measures that have been taken to prevent or control these risks and also what action should be taken in event of emergencies. A specific requirement of these Regulations is that you should provide all temporary workers with information on any particular occupational qualifications or skills they need to carry out their work safely. This information should be supplied to the temporary worker’s employment agency, who then have a duty to pass on the information to relevant employees.

Q) If a temporary worker has an accident on my premises, whose responsibility is it to report it?

A) Under the RIDDOR Regulations (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) the workers’ employer is responsible for reporting accidents involving temporary workers. If a temporary worker has an accident while working for a host employer, the host employer should notify the worker’s employer as soon as possible.

Q) Do I need to supply temporary workers with personal protective equipment?

A) The duty to provide personal protective equipment to employees does not extend to temporary workers — in the case of temporary workers, their employer i.e. the employment agency is responsible for ensuring PPE is provided. However in practice, employment agencies may require temporary workers to supply their own PPE.As the host employer, you are responsible for informing self employed contractors and temporary workers’ employers of the risks involved with the work, and that PPE must be provided. If however you decide to provide the PPE then you will be responsible for ensuring it is suitable and maintained in effective working order.

Q) As a host employer am I responsible for conducting VDU analysis for temporary workers?

A) It is common for offices to employ temporary workers. It is the host employers’ responsibility to conduct the VDU analysis, and also to meet other requirements such as work routine planning. You should also inform temporary workers of the procedures for using the DSE safely.

Q) Should temporary workers be included in my Company’s health & safety policy?

A) Yes. A comprehensive safety policy should include details about arrangements and procedures set up for specific health & safety issues, including temporary workers.

Under the arrangements section of the policy should be:

•A list of matters that should be addressed before a temporary worker is employed, including the need for special occupational qualifications or skills the worker should have to perform safely e.g. fork lift truck license, any health surveillance that is required, any personal protective equipment that is required. These details should be provided to the worker and their employer;

•A list of matters that should addressed when the worker begins at the workplace e.g. induction training, passing on risk assessment information, site safety rules etc;

•Details of procedures that should be followed to check the temporary worker is competent to work on your premises i.e. checking training certification;

•Details of procedures that have been established for communication with employers of temporary workers.

 As with all staff, it is recommended that records of training be maintained for temporary staff.

The information given is for guidance only and is there to assist you in understanding some of the legal requirements needed when looking for work. This information should not be taken as legal advice. More information can be sought by contacting.

ACAS or Department of Work and Pensions or REC or HMRC