Most businesses use agency staff at some point. Whether to cover a longer term absence, cope with an upturn in business or to cover a the absence of a key worker.
Naturally, the person who is employed to carry out this role has a right to expect a safe workplace and you, as an employer, have a duty of care towards them. But what of the employment agency? How can you share the risk of employment and what should your agency be doing to help you manage the risk?
Read on for an interesting update of what should be happening and what you can do to share the burden of risk management.
The Employment Agency Standards (EAS) inspectorate has reported that eleven out of twelve employment agencies it investigated were failing in their health and safety duties. If you do use agencies you should be aware that they share the burden of good health and safety with you and must play their role to ensure that their staff are safe whilst working on your premises.
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (CEAEBR) clearly sets out the safeguards which should be in place. In total, the investigation found evidence of 57 infringements. Of particular concern were the breaches of the CEAEBR health and safety requirements. These state that an employment agency may not, “introduce or supply a work-seeker to a hirer unless the agency or employment business has obtained sufficient information from the hirer”. Specifically, the agency must identify from the hirer “any risks to health or safety and the steps the hirer has taken to prevent or control such risks”.
If you’re using employment agencies:
- Supply your agency with copies of relevant risk assessments.
- Set out details of the experience, training, qualifications and any particular authorisations required.
- Remind the agency of their legal responsibility under the CEAEBR to pass on the information about the risks of the job and to check that the workers they supply will meet all of your requirements.
- Ask them to sign to confirm that they have fulfilled all of these responsibilities.
