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.
Lord Young said:
"This operation shows that EAS act quickly and effectively to
protect both agency workers and the public.
"The Government has done a lot to improve rights at work but
it's also essential to make sure these rights are properly
enforced. A simple system for reporting abuses and giving advice
and information to employers and workers is a critical part of
that.
"The recession should not become an excuse to deny people their
basic rights at work".
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 or
by calling the Pay and Work Rights helpline on 0800 917
2368. www.businesslink.gov.uk/employmentagencies
Notes to editors
1 Agency workers can find out more about
the rights they are entitled to by visiting www.direct.gov.uk/agencyworkers
or by calling the Pay and Work Rights helpline on 0800 917
2368.
2 The Employment Agencies Standards
inspectorate is part of the Department for Business, Innovation and
Skills. To find out more about the EAS, please visit
http://www.berr.gov.uk/whatwedo/employment/employment-agencies/index.html
3 Agencies that break the law could face
prosecution and on April 6, 2009 new laws came into force that
allows courts to impose unlimited fines for the most serious
offences. Rogue agencies could also be banned from operating for up
to ten years.
4 The Health and Safety Executive's
'Asbestos: The hidden killer' campaign launched on 2 November.
Posters and radio adverts are encouraging tradesmen to get a free
asbestos information pack by calling 0845 345 0055 or by visiting
http://www.hse.gov.uk/hiddenkiller
http://www.hse.gov.uk/hiddenkiller"
href="blocked::BLOCKED::http://www.hse.gov.uk/hiddenkiller">www.hse.gov.uk/hiddenkiller.
The information highlights where asbestos-containing materials may
be present, what they look like, how they should be dealt with and
where to find training.
Department for Business, Innovation
& Skills
The Department for Business, Innovation and Skills (BIS) is
building a dynamic and competitive UK economy by: creating the
conditions for business success; promoting innovation, enterprise
and science; and giving everyone the skills and opportunities to
succeed. To achieve this it will foster world-class universities
and promote an open global economy. BIS - Investing in our
future.