Guide
Health and safety duties for temporary and agency workers
Your legal duties under MHSWR 1999 Regulation 15 when using temporary or agency workers. Covers the split of responsibilities between user employer and agency, information exchange requirements, and PPE duties.
Understanding your duties to temporary workers
If you use temporary or agency workers, both you (the user employer where the worker actually carries out work) and the employment agency have health and safety responsibilities. Regulation 15 of MHSWR 1999 establishes specific information-sharing duties, while your general duties under HASAWA 1974 also apply to temporary workers on your premises.
A common and dangerous misconception: many employers assume the agency handles all health and safety for their workers. In reality, you as the user employer have primary responsibility for workplace safety while the worker is on your premises.
User employer responsibilities (where the worker works)
As the employer controlling the workplace, you must:
- Include temporary workers in your risk assessment: Assess the risks to agency and temporary workers just as you would for permanent employees
- Provide a safe workplace: Your general duties under HASAWA 1974 Section 3 extend to all persons affected by your work activities
- Inform the agency about requirements: Tell the agency what qualifications, skills, and experience are needed for the role, and what health and safety risks exist
- Provide site-specific induction: Brief temporary workers on workplace hazards, emergency procedures, fire exits, and first aid arrangements before they start work
- Supervise appropriately: Ensure adequate supervision, particularly in the early days when the worker is unfamiliar with your workplace
- Provide PPE: Since the 2022 amendment, PPE duties extend to all workers including agency and temporary staff
Agency employer responsibilities
The employment agency must:
- Check worker suitability: Ensure workers have the qualifications, skills, and experience needed for the assignment
- Provide information to workers: Give comprehensible information about any special qualifications or skills required and any health surveillance requirements
- Share health and safety information: Pass on information received from the user employer about workplace risks
- General employer duties: Fulfil standard employer duties including employers' liability insurance and employment rights
Information exchange requirements
Effective health and safety for temporary workers depends on clear information exchange between the user employer and the agency:
- Before the assignment
- User employer must inform agency of qualifications and skills required, specific workplace risks, any health surveillance needs, and PPE requirements
- Agency to worker
- Agency must pass on information about qualifications needed, health surveillance requirements, and any workplace risk information received from the user employer
- On arrival at workplace
- User employer must provide site-specific induction covering emergency procedures, hazard locations, reporting arrangements, and supervision contacts
- During the assignment
- User employer must keep temporary workers informed of any changes to risks, procedures, or workplace arrangements - just as for permanent staff
PPE for temporary workers
The Personal Protective Equipment at Work (Amendment) Regulations 2022 extended PPE duties to limb (b) workers, which includes most agency and temporary workers. This means:
- The user employer must assess PPE needs for temporary workers
- Suitable PPE must be provided at no cost to the worker
- Training in PPE use must be provided
- PPE must be properly maintained and replaced when necessary
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Before booking temporary workers
Define the role requirements including qualifications, skills, experience, and any health and safety competencies needed. Communicate these clearly to the agency.
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Inform the agency of workplace risks
Provide the agency with information about workplace hazards, required PPE, any health surveillance requirements, and relevant risk assessment findings.
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Prepare a site-specific induction
Create a brief induction covering emergency procedures, fire exits, first aid, hazard locations, reporting arrangements, and key safety rules. Deliver this before the worker starts.
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Provide PPE and training
Ensure suitable PPE is available for temporary workers from day one. Provide training on correct use, storage, and when to report damage or defects.
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Supervise appropriately
Increase supervision levels during the initial period. Ensure temporary workers know who to ask if they are unsure about any aspect of health and safety.
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Review arrangements regularly
Check that information exchange with agencies is working effectively. Audit whether temporary workers are receiving adequate induction and supervision.