PIB Insurance Brokers would like to highlight a poorly understood area of health and safety law, where Employment Agencies could find themselves being prosecuted. We are talking about the duty to report a workplace injury, where the injured person is an agency worker. What the HSE say on their website is intended to be helpful, but some may find it confusing:
“The employment status of agency workers is not always clear to the worker, or to the organisations who are supplied with labour. In many cases, the employment agency is the legal employer, and is under the same legal obligations as any other employer to report accidents and ill health to their employees. In other cases, for instance where workers are self-employed, the duty is on the host business to report accidents as the person in control of the premises where an accident occurs.”
For the full article published in Recruiting Times here.