HSE Passport

Achieving legal compliance -Health, Safety & Environmental

Passport

So, what do we know?

That workers should be given basic H&S training to help achieve legal compliance with-1. Health & Safety at work Act 19742. Agency Worker Regulations 19733. Conduct of Employment Agencies and

Employment Businesses Regulations 20034. Corporate manslaughter act5. RRO 20056. Duty of care

Who’s responsibility is it?

Just one, or a combination of the following?1. The agency?2. The umbrella?3. The host company?4. The limited company/self employed

contractor?

Lets look at each one individually

The agencyAgency worker regulations 1973, Section 18:Neither an agency nor an employment business may introduce or supply a work-seeker to a hirer unless the agency or employment business has obtained sufficient information from the hirer to select a suitable work-seeker for the position which the hirer seeks to fill, including the following information—“(d) the experience, training, qualifications and any authorisation which the hirer considers are necessary, or which the worker needs to have by law”

Lets look at each one individually

The agencyThe Conduct of Employment Agencies and Employment Businesses Regulations 2003, Section 19:Neither an agency nor an employment business may introduce or supply a work-seeker to a hirer unless it has obtained confirmation—( (b)that the work-seeker has the experience, training, qualifications and any authorisation which the hirer considers are necessary, or which are required by law etc.

Lets look at each one individually

The umbrellaHealth & Safety at work Act 1974, Section 2:2)Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—;(c)the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

Lets look at each one individually

The host companyHealth & Safety at work Act 1974, Section 2:2)Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—;(c)the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

Regulatory Reform (fire safety) Order 2005, Section 21:(1) The responsible person must ensure that his employees are provided with adequate safety training—• (a)at the time when they are first employed

Lets look at each one individually

The limited company/self employed contractorHealth and Safety Executive guidance:All workers are entitled to work in an environment where the risks to their health and safety are properly controlled. If you are an agency or temporary worker then your health and safety is protected by law and employment businesses (agencies) have a duty to make sure that they follow it.• You have a duty to take reasonable care for you own health and safety

and that of other people who may be affected by your actions at work.• You must co-operate with your employment agency, the business where

you are working, and your co-workers to help everyone to meet their legal requirements.

So whose responsibility is it?

EVERYONE’S!Under the Health & Safety at Work Act 1974 and the Management of Health & Safety at Work Regulations 1999, the host employer, the employment business and the temporary worker all have responsibility for their own Health & Safety and that of others who may be affected by their activities during assignments..

What are the obstacles to training?

The agency:May see the requirement as a obstacle to placement.

The umbrella:May see the requirement as cost prohibitive.

The host company:May see training the worker as costly and unproductive time.

The worker:Just wants to work and get paid!!!

Have there been any recruitment agency prosecutions?

Yes there have, here are just two examples:McGinley Recruitment Services Limited (MRS) Fined £175,000 and ordered to pay costs of £24,000 to HSE after the death of a worker!

J & P Recruitment LtdFined £5,000 and ordered them to pay costs of £800 after workers injured while on an assignment!

How does HSE Passport work?

Just 4 simple steps!1. Log on to website2. Take a 30 minute interactive training course3. Pass a 5 minute competency test4. Upload photo

The ID card will arrive by post within 2 working days and be valid for 1 year

What does the training cover?Health & Safety essentials!EmergenciesWorkplace SafetyUse of DSEEmployee Health (slips, trips and lifiting)Personal SafetyDriving SafetyEnvironmental Issues

On site induction

All workers should receive an on-site familiarisation covering:1. General Information

Who safety officer is etc.2. Fire Procedures

Location of equipment, exits etc.3. First aid

Who is the first aider, where the accident book is etc.

An induction checklist can be downloaded free of charge from our blog in pdf. format

A final thought

Disclaimer:

HSE Passport is designed to complement and simplify your existing Health & Safety responsibilities, not to

replace them altogether.

Please call Guy Schrecker on 07825 872181 if you would like to discuss in person.