Document Libriary

 A guide for employers using

temporary and contract staff

Who is responsible: Hirer, client or employment business?

As the hirer you carry the prime responsibility for the health and safety of a temporary or contract worker supplied by an employment business whilst working on your premises or using equipment or substances provided by you. Prior to an assignment, when briefing the employment business, you should inform them of any specific risks or hazards identified by your own routine risk assessments plus the steps your take to prevent or control such risks; your rules regarding smoking at work; any requirements for long or unusual working hours; and the specific skills or knowledge requirements for the job.


You should also provide a copy of any written health and safety policy statement prepared for your own employees. The employment business has a responsibility to pass on your information to the prospective temporary workers and to ensure that the worker is suitable for the assignment. However once the temporary worker is assigned to you and at your premises, you have an obligation to ensure that the premises, access to and from and any equipment or substances provided for their use do not expose them to any risks to health and safety.

Risk Assessments

A key requirement of health and safety legislation is the obligation on employers to conduct regular risk assessments of all the work place activities, of whatever nature. It is the risk assessment that should identify potential problems with the environment regarding issues such as fire safety, noise, dust and fumes, lighting, sanitary facilities and refreshment provision. Specific risk assessments should be undertaken in respect of machinery and equipment, processes, chemicals and agents, moving and handling items.

The risk assessments provide the information necessary to compile written guidance to employees and workers on the safe operation of equipment, machinery and plant, and on the use and handling of chemicals and other agents. They will also provide the information needed to ensure appropriate training provision.

Induction

When any new worker arrives on your premises, temporary or permanent, you should ensure that someone is responsible for explaining the layout of the premises, identifying the toilets, kitchen facilities (if any) or other drink making facilities, and coat storage. Attention should also be drawn to the fire alarm mechanisms, fire exits andassembly point arrangements; the first aid provision; the accident recording arrangements and the smoking rules (if any).

Machinery, equipment and chemicals

You should not expect a temporary worker to operate any machinery or equipment, without them first being shown the correct and safe operational controls. Ideally there should be a written operating statement to which the worker can subsequently refer, if in doubt. Similarly, you should also draw attention to any special arrangements required, or risks arising from the use of chemical agents and substances.

Manual handling

Workers should not be asked to lift or carry items without instruction on safe methods of handling. Where possible arrange for heavy or bulky items to be split down to be moved, especially if moved across or through awkward areas like steep winding staircases. 


Computer screens

You have a duty to ensure that computer workstations are well designed ergonomically. If a worker finds the working arrangement uncomfortable, do not hesitate to arrange modifications. Workers should be encouraged to take regular breaks of 5 minutes in every hour where they work permanently in front of a VDU. For your permanent employees working consistently with a VDU you are required to provide eyesight tests and glasses if prescribed.

Accidents and first aid

Larger employers with over 50 employees are encouraged to appoint and organise the training of First Aiders in addition to the provision of a First Aid Box equipped to the specified standard. The requirements are more stringent on factory and warehouse premises than offices. All employers are required to provide an accident book, in which all accidents, however minor, should be recorded, including all accidents to temporary workers.

Reporting of accidents at work

It is the responsibility of the employer or the person in control of premises where an accident occurs to report all accidents which cause major injury to any person as a result of their work. If a temporary worker is injured on your premises it is your responsibility as the person in control of those premises to report it to the relevant authority on Form F2508 within 10 days.

Pregnancy

Where you employ workers of child-bearing age you must carry out a general risk assessment to ensure that they are not exposed to harmful agents such as radiation, lead, or rubella nor are carrying out work that is prohibited such as underground mining. All female workers must be encouraged to inform you promptly in writing on becoming pregnant. In those circumstances both you and the worker have a responsibility to conduct a specific risk assessment, to avoid risks to the worker and her unborn child.
  • The Workplace (Health, Safety and Welfare) Regulations

1992

  • Accident reporting and notification requirements to the

HSE

  • Working Time Regulations 1998: controls on the   maximum 48 hour week, night arrangements, rest breaks and rest periods (The details are available in another leaflet in this series)
  • Employers and Occupiers Liability insurance cover
  • Electricity at Work Regulations 1989.

For further information please visit www.hse.gov.uk . There is also a specialist helpline for all matters relating to these and many more health and safety topics: 0845 345 0055.

The health and safety of persons at work is of paramount importance, reflected in the increasing range and scope of legislation. Reputable recruitment firms will want to ensure that temporary and contract staff benefit from the protection offered by the legislation. To do that they require the co-operation of client employers hiring temporary workers.

We hope you find this information useful. It is of course only a brief summary of the main points of the directly applicable legislation and should not be relied upon by you as the only source of information on this subject.

It is your responsibility to inform yourself of your obligations and liabilities towards others. However please feel free to discuss the content and raise any queries with the REC member firms that provide you with temporary and contract staff.

This leaflet is produced by the Recruitment and

Employment Confederation, the association for the recruitment and staffing industry. Members of the REC adhere to a Code of Practice and candidates can expect the highest standards of professional service.


 

 

 

 

 

Other health and safety requirements on employers In addition to the general requirements of the Health and Safety at Work etc Act 1974 there are further regulations covering a wide range of specific work activities, some of which have been referred to above. Other general requirements on employers, including hirers of temporary workers, include:

 

Direct Response Employment services, 43 Roundstone street, Trowbridge, Wiltshire BA14 8DE. TEL 01225 776500 FAX: 01225 753931 email: info@direct-response.co.uk.

 

 

 

 

FEES EXPLAINED

Even when both client and recruitment consultant are well intentioned, hard working and have a good relationships, valuable working partnerships can dissolve into confusion and disagreement over the subject of cost.

Temporary Workers Fees

When hiring a temporary worker, typically, the amount you pay comprises of the worker’s basic salary plus a percentage on top of this that is paid to the agency itself: this is known as the margin.

 

Temporary Worker Salary

Remember that the agency is responsible for paying the worker at least the legal minimum wage and, for the most skill areas, much more than that to attract workers of the appropriate calibre. Your agency should be able to advise you of typical salary rates for workers at the level you are seeking. Remember that the workers salary needs to be charged at a rate that will include holiday pay, and make provision for other mandatory worker benefits, such as statutory Sick pay. Although you do not have to pay the worker while taking holiday time, the agency does, For this reason you may find that the agency calculates on the basis of a salary somewhat higher than the base salary excluding holidays.

 

Margins

Typically a percentage will be applied on top of the workers salary to both cover the agents costs to allow them to make a profit. Margins vary widely depending upon the sector, part of the country and the type of contract you have with your agency.

 

Sometimes it is possible to negotiate a lower margin, if you have a good relationship with the agency and you can guarantee a steady supply of business, however we would warn you that this is not always a good business strategy. Recruitment is not a business that allows for volume discounts – the per person cost of filling one position is roughly the same as the cost of filling 100 positions. If you are being offered a discount you will often find that the agency is having to reduce their level of service to remain commercially effective. This means that the costs actually increase, as you are forced to take on more responsibility and potentially wind up with less appropriate candidates.

 

Temp to Perm Fees

When an agency places a temporary worker with you initially on a temporary basis , you may elect to the hire that Candidate in a permanent capacity. In this case, since it was the agency that made the introduction of the worker, The agency is entitled to charge you a temp to perm fee to compensate them for the loss of the worker’s value. The amount of fee will vary, and you should clarify with your agency up front what their standard perm fee is.

 

If you would prefer to pay a flat rate, by law, the agency must offer you the alternative of an extended Period of Hire - this means that the worker will continue to be employed on a temporary contract paid by the agency for a further fixed period of time, at which point they will transfer to your permanent employ. The legislation states only that this period of time must be reasonable - typically this will be a time during which fees make up similar amount to the lost temp to perm fee.

 

Permanent Placement Fees

Retainer

If you are specifically seeking to hire one or more permanent candidates, especially for senior level positions, it is quite common to contract an agency on a retainer basis. Under this system, you pay a fixed fee for the placement and the agency and manage a recruitment strategy for you.

 

Normally, this fee is payable in thirds:

 

1/3 up front when the work is commissioned

 

1/3 on production of a viable shortlist.

 

1/3 on successful offer, acceptance and ( if applicable) resignation of the candidate from the previous post.

 

Rebates

In some cases an agency may offer a rebate of the permanent placement fee if the candidate leaves soon after being hired. You should check the agency’s Terms very carefully for this, since it is common condition of the rebate that you pay your invoice within a fixed period of time.

Costs

Any further costs associated with the recruitment process are also payable by you and should be factored into your budgeting and considered when conducting your strategy planning. For instance, if you instruct

The agency to conduct an advertising campaign in a national newspaper be prepared for the cost of running such adverts.

 

Some costs of permanent placements include meeting venues and research costs .Make sure you clarify up front with your consultant what the estimated costs are likely to be.