Warning over the protection of agency workers
November 2nd 2009 Eleven employment agencies have been warned by the Employment Agency Standards inspectorate (EAS) after advertising for asbestos removal workers without properly checking the health and safety implications.
EAS acted swiftly after receiving intelligence from the sector that employment agencies were advertising vacancies for asbestos removal workers without having the proper Health and Safety Executive (HSE) licenses. The inspectors found that, although no workers had been placed yet, the agencies weren't taking the necessary steps to prevent risk to them. The inspectorate therefore issued warning letters.
Failure of any agency to address the non-compliance could result in criminal proceedings or a possible ban from trading of up to 10 years.
The warnings came as the campaign to raise awareness of workplace rights enforced by Government switched its focus to agency workers today. Advertisements on hoardings, buses and phone boxes will encourage agency workers to seek advice about their workplace rights and report abuses of those rights through a confidential helpline. Leaflets are also being produced for agencies to help make them aware of their legal obligations to workers.
In the week of the launch of the Health and Safety Executive’s campaign warning tradesmen on the dangers of asbestos, Steve Coldrick, HSE’s asbestos programme director said:
“Asbestos is a killer. It claims about 4000 lives a year − more than die in road accidents. It should be of no concern to the general public if it remains undisturbed and in good condition, but the same cannot be said for tradespeople who may come across it in their work. While they need to take responsibility for their own health and safety, it is imperative that this is matched with a commitment by their employer to do the same.”
Of the twelve agencies investigated, eleven were found not to have complied fully with the requirements of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
A total of 57 infringements of the law were identified including:
• Failing to explore the health and safety implications of the advertised work with the hirer and failing to fully inform the applicant of the risks
• Failing to check the identity, qualifications, experience and training of the worker they intended to supply
• Failing to have authority from hirers to advertise the positions
Businesses who supply agency workers can find further information on their legal obligations at www.businesslink.gov.uk/employmentagencies or by calling the Pay and Work Rights helpline on 0800 917 2368. More articles from HSM News Desk: | 
