Many of my clients often contact me to discuss the implications employing overseas workers may have from an Insurance perspective so I thought I’d share my thoughts with you all…
According to TheConstructionIndex, latest government statistics show that more than 10% of the UK’s construction workforce come from overseas, furthermore, foreign workers account for 35% of construction workers in London. There comes an obvious challenge with language barriers but once that is overcome, it’s clear that any other obstacles aren’t detrimental as foreign workers contribute a large percentage of the UK workforce. Visual aids are becoming crucial to overcoming limitations of poor English skills. The danger comes where migrant workers pretend to understand English to simply get or keep a job. This has serious implications, even more so in relation to health and safety training. Admittance has been made which compromises the ability to understand and follow and training thus putting them and the company at a higher risk of accidents.
Research suggests that migrant workers show no greater risk than anyone else doing the same job. Of course, employers need to consider the migrant status and if there are additional risks present. If you employ a foreign worker or even hire foreign labourer’s, it’s important to recognize the responsibility of ensuring their health and safety whether it is down to you, the labour supplier or if the responsibility is shared. Labour providers and users should clarify and agree their relationship and responsibilities to avoid any misunderstanding and confusion.
HSE.gov.uk have published some key points that both parties need to consider:
- To think about whether the workers are to be employed directly or if the workforce (or part of it) is to be supplied by a labour provider;
- Who has day-to-day direction and control over the work;
- If labour providers based abroad do not have a UK-based representative, to remember that the user will have to take full responsibility for the health and safety of any labour supplied;
- To consider the involvement of employment agencies and employment businesses which have specific legal responsibilities to provide information to businesses which use their workers;
- Before workers start at the workplace, to consider if any special qualifications or skills are needed for the job and to ensure that any worker supplied has them;
- To think about the extent of English language skills of workers before they start work;
- To consider what information, instruction and training will need to be provided at the workplace, by whom and how.
We must always remember, risk assessments are a legal requirement and furthermore, essential in effectively managing health and safety and may form a Condition within your Insurance Policies.