HSE Passport - Achieving legal compliance - Health, Safety & Environmental Passport

1. HSE Passport
Achieving legal compliance -
Health, Safety & Environmental
Passport

2. So, what do we know?
That workers should be given basic H&S training
to help achieve legal compliance with-
1. Health & Safety at work Act 1974
2. Agency Worker Regulations 1973
3. Conduct of Employment Agencies and
Employment Businesses Regulations 2003
4. Corporate manslaughter act
5. RRO 2005
6. Duty of care

3. Who’s responsibility is it?
Just one, or a combination of the following?
1. The agency?
2. The umbrella?
3. The host company?
4. The limited company/self employed
contractor?

4. Lets look at each one individually
The agency
Agency worker regulations 1973, Section 18:
Neither an agency nor an employment business may introduce or supply a
work-seeker to a hirer unless the agency or employment business has
obtained sufficient information from the hirer to select a suitable work-seeker
for the position which the hirer seeks to fill, including the following
information—
“(d) the experience, training, qualifications and any authorisation which
the hirer considers are necessary, or which the worker needs to
have by law”

5. Lets look at each one individually
The agency
The Conduct of Employment Agencies and Employment
Businesses Regulations 2003, Section 19:
Neither an agency nor an employment business may introduce or supply a
work-seeker to a hirer unless it has obtained confirmation—
( (b)that the work-seeker has the experience, training, qualifications and any
authorisation which the hirer considers are necessary, or which
are required by law etc.

6. Lets look at each one individually
The umbrella
Health & Safety at work Act 1974, Section 2:
2)Without prejudice to the generality of an employer’s duty under the
preceding subsection, the matters to which that duty extends include in
particular—;
(c)the provision of such information, instruction, training and supervision as
is necessary to ensure, so far as is reasonably practicable, the health and
safety at work of his employees;

7. Lets look at each one individually
The host company
Health & Safety at work Act 1974, Section 2:
2)Without prejudice to the generality of an employer’s duty under the
preceding subsection, the matters to which that duty extends include in
particular—;
(c)the provision of such information, instruction, training and supervision as
is necessary to ensure, so far as is reasonably practicable, the health and
safety at work of his employees;
Regulatory Reform (fire safety) Order 2005, Section 21:
(1) The responsible person must ensure that his employees are provided with
adequate safety training—
• (a)at the time when they are first employed

8. Lets look at each one individually
The limited company/self employed contractor
Health and Safety Executive guidance:
All workers are entitled to work in an environment where the risks to their
health and safety are properly controlled. If you are an agency or temporary
worker then your health and safety is protected by law and employment
businesses (agencies) have a duty to make sure that they follow it.
• You have a duty to take reasonable care for you own health and safety and
that of other people who may be affected by your actions at work.
• You must co-operate with your employment agency, the business where
you are working, and your co-workers to help everyone to meet their legal
requirements.

9. So whose responsibility is it?
EVERYONE’S!
Under the Health & Safety at Work Act 1974 and the
Management of Health & Safety at Work Regulations
1999, the host employer, the employment business and
the temporary worker all have responsibility for their
own Health & Safety and that of others who may be
affected by their activities during assignments..

10. What are the obstacles to training?
The agency:
May see the requirement as a obstacle to placement.
The umbrella:
May see the requirement as cost prohibitive.
The host company:
May see training the worker as costly and unproductive time.
The worker:
Just wants to work and get paid!!!

11. Have there been any recruitment
agency prosecutions?
Yes there have, here are just two examples:
McGinley Recruitment Services Limited (MRS)
Fined £175,000 and ordered to pay costs of £24,000 to HSE after the death of
a worker!
J & P Recruitment Ltd
Fined £5,000 and ordered them to pay costs of £800 after workers injured
while on an assignment!

12. How does HSE Passport work?
Just 4 simple steps!
1. Log on to website
2. Take a 30 minute interactive training course
3. Pass a 5 minute competency test
4. Upload photo
The ID card will arrive by post within 2 working days and be valid
for 1 year

13. What does the training cover?
Health & Safety essentials!
Emergencies
Workplace Safety
Use of DSE
Employee Health (slips, trips and lifiting)
Personal Safety
Driving Safety
Environmental Issues

14. On site induction
All workers should receive an on-site
familiarisation covering:
1. General Information
Who safety officer is etc.
1. Fire Procedures
Location of equipment, exits etc.
2. First aid
Who is the first aider, where the accident book is etc.
An induction checklist can be downloaded
free of charge from our blog in pdf. format

15. A final thought
Disclaimer:
HSE Passport is designed to
complement and simplify your existing
Health & Safety responsibilities, not to
replace them altogether.

16. Please call Guy Schrecker on 07825 872181
if you would like to discuss in person.