Employing Migrant Workers from Overseas
Jan 1, 2010
There are stories daily in the news of migrant workers, Polish plumbers and foreign agricultural workers. It was estimated that there were 1.5 million migrant workers in the UK at the start of 2007. These people were employed in a broad range of inductrial sectors including construction, agriculture, hospitality and catering.
Migrant workers can present specific health & safety problems for employers. A recent case involved a Romanian worker having a leg amputated following an accident involving a 20- tonne loading shovel when working in a restricted area. The worker’s poor understanding of instructions issued in English was thought to have contributed to the accident.
The Health & Safety Executive (HSE) has issued essential guidance aimed at employers and businesses on their responsibilities for the health, safety and welfare of temporary (including migrant) workers.
Risk assessment
The HSE recognises that risk assessment is fundamental to controlling risk in the workplace. Risk assessments should be carried out for all workers so that the necessary control measures can be implemented to suit the needs of the individual workers.
Information
The provision of information, instruction, training and supervision will be a necessary control measure for employees. The way that this is provided must be tailored to specific individuals or groups of workers taking into account their understanding of English and their literacy and numeracy skills.
Information should include induction information, day-to-day health & safety instructions and emergency procedures. Accident reporting arrangements should be covered so that an employer can comply with accident reporting legislation.
It is advisable to check that workers have understood any instructions issued and put in place clear communication channels so that any questions can be answered effectively.
Where vocational qualifications are required to operate machinery or drive vehicles, any qualifications gained overseas should be checked against UK requirements.
Insurance
It should be ensured that Employers’ Liability Compulsory Insurance is in place that covers the workers while working on the premises of a user of temporary labour.
Accommodation
Where an employer arranges accommodation for temporary workers, this accommodation must be safe. Appropriate fire safety measures and current gas safety certificates (where relevant) must be in place. The recent tragic fire where four fire fighters were killed took place at a premises where it was suspected migrant workers slept.
Wilby Ltd can provide advice on dealing with the health & safety and employment law aspects of temporary workers.
