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Safety Reps will know only too well how the 'ping-pong' of responsibility for agency workers health and safety goes between the Agency who are the direct employer and employers such as BT and Royal Mail using agency staff. Both employers often try to play one off against the other. The CWU aims to pout a stop to this and has issued excellent guidance for all CWU branches regarding the legal responsibilities both direct and indirect employers have for the health and safety of agency staff. In LTB874/07, dave Joyce, CWU National Health and Safety Officer makes this major point which makes it clear that BOTH direct and indirect employers have legal responsibility for the health, safety and welfare of agency staff: "Temporary, Casual and Agency Workers health and safety is protected by law and the Employment Agency has a duty to make sure that the company where the Agency Worker is placed, follows the law. The Agency has a responsibility not to place a worker in a job for which the person is not capable or appropriately qualified or trained for. The company where the Agency worker is placed is responsible for making sure that the workplace is a safe working environment and must provide appropriate health and safety training, information, instruction, supervision, Personal Protective Equipment and First Aid provisions etc. The company employing Temporary, Casual or Agency staff has a legal duty to ensure those workers receive the necessary health and safety rights." The full LTB can be downloaded (members only) in pdf format here: LTB874/07 - Health and Safety Law - A Guide on Temporary, Casual and Agency Workers Source: CWU |
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