CWS 3.0: August 20, 2014

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UK increases focus on temp worker safety

The often short-term nature of temporary work means companies want to source workers and put them to work as quickly as possible. Such is the purpose of the industry — talent on-demand. The danger arises, however, when the need to get people to work is so great that important steps are overlooked.

Over the past few months there have been several judgments made in the U.K. against companies that have failed, in one way or another, to provide a safe working environment for temporary workers. Among the recent incidents and fines:

  • In April, an engineering firm was fined $12,544 and ordered to pay $1,600 in costs after an agency worker suffered crush injuries when his right hand and arm were dragged into a machine at the firm’s factory.
  • In July, a logistics company was fined $18,398 and ordered to pay $1,785 in costs after a temporary warehouse operative suffered a broken thigh bone in a five-foot fall. 
  • In a separate incident, a company was ordered to pay more than $31,778 after a temporary worker lost three fingers when operating a 160-ton power press.
  • An agency worker was crushed to death when she was caught under the rear wheels of a reversing tractor. The company was fined $167,256 and ordered to pay costs of $30,900.
  • Earlier this month an agency worker lost the tips of two fingers while cleaning a machine in a bakery. The company was fined $4,014 and ordered to pay $7,314 in costs.

Unequal Training

These accidents could easily have happened to any member of staff, and in many of the above incidents, the companies involved had carried out health and safety training prior to the accidents and/or invested in safety equipment.

Employees working in high risk environments, particularly with jobs involving machinery, are trained, made aware of all health and safety policies, and, over time, develop a thorough working knowledge of their environment.

However, not all temporary workers are given the same in-depth induction given to new employees and have little time to learn the dangers of their work environment. This is when accidents can happen.

A review of recent enforcement action by the Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, reveals multiple instances of agency workers being seriously injured at work. This raises the question, what health and safety obligations are placed on agencies and hirers with respect to agency workers?

Joint Obligation

According to Woodfines Solicitors, U.K. health and safety legislation makes the employer responsible for its employees, and both the agency and the client company can be deemed an employer for the purposes of health and safety. This is determined by the circumstances of each individual case.

The bulk of responsibility will generally fall upon the client company, due to the nature of how temporary workers operate. However, agencies will also have responsibilities. Client companies should conduct risk assessments and provide their staffing providers with their findings.

The Conduct of Employment Agencies and Employment Businesses Regulations (2003) requires agencies to make reasonable enquiries to ensure that their temps will not suffer a detriment by being placed in a temporary role. So, if risk assessment information is not forthcoming from a hirer, the agency may visit the worksite and conduct its own risk assessment.

Temporary workers are a vital component of the labor market, especially in manufacturing and agriculture when companies need workers to deal with peaks in demand.

Companies hiring temporary workers, especially those for manual labor roles, should always ensure that inductions and health & safety briefings are comprehensive. Workers who are unfamiliar with a workplace, or the tasks involved in a certain role, are at a greater risk of injury.