Agency and Temporary Workers: Employer Duties on Irish Sites

Manage agency and temporary workers on Irish construction sites. Learn about employer duties, HSA compliance, and safety controls for temporary labour.

Agency and Temporary Workers on Irish Construction Sites: Employer Duties and Controls

The construction industry in Leinster relies heavily on the flexibility of agency and temporary workers. Whether meeting deadlines or filling skills gaps, these workers are essential. However, temporary labour brings specific health and safety challenges that must be managed with the same rigour as permanent staff. For contractors, understanding the legal landscape and implementing robust controls is a critical component of site safety and project success.

Under Irish law, the distinction between a permanent employee and an agency worker is largely removed when it comes to health and safety. The Safety, Health and Welfare at Work Act 2005 provides the primary framework, ensuring that every person on a construction site is protected by the same high standards, regardless of their employment status. For Safety Check and our clients, the focus is always on ensuring that these duties are not just understood but are actively managed on the ground.

The Legal Framework for Agency Workers

The most important starting point for any contractor is Section 2(2) of the Safety, Health and Welfare at Work Act 2005. This section explicitly states that for the purposes of the Act, an agency worker is deemed to be an employee of the person or business who has control over their work at the time. In the context of a construction site, this means the hiring contractor (often referred to as the User Undertaking) assumes the primary duties of an employer for the duration of the worker's time on site. [1]

This legal principle ensures there is no safety vacuum where a worker is left without clear protection because they are not on the direct payroll. The Safety, Health and Welfare at Work (Construction) Regulations 2013 further reinforce these duties, placing specific requirements on the Project Supervisor Construction Stage (PSCS) and individual contractors to coordinate safety and manage all persons under their control. [2]

Worker Selection and Competence

Safety begins before a worker sets foot on site. The selection process is the first line of defence. Contractors must ensure their agency understands construction requirements. It is not enough to simply request labour; the contractor must specify the competence required. Key selection criteria should include:

Verification of a valid Safe Pass card, which is a mandatory requirement for all persons working on a construction site in Ireland.
Checking for valid Construction Skills Certification Scheme (CSCS) cards for specialised roles such as plant operation, scaffolding, or roofing.
A review of the worker's previous experience on similar construction projects.
Confirmation that the worker possesses the necessary physical and mental fitness for the intended tasks.

Vetting should include a review of specific training. A worker may have a Safe Pass, but if they lack experience on large-scale projects, they will require more intensive supervision. The goal is to match skills to the task, ensuring lack of experience does not create a hazard. [3]

Site and Task-Specific Induction

Induction integrates a worker into the site safety culture. For temporary workers, this is critical. Unlike permanent staff, an agency worker often enters a completely new environment. The induction must be two-fold: a general site induction and a specific task induction. The general site induction should cover:

Site-specific rules and prohibited activities.
Emergency procedures, including fire assembly points and first aid locations.
The identity of the safety representative and site management team.
Welfare facilities and hygiene protocols.
Traffic management plans and pedestrian exclusion zones.

The task induction, usually delivered by the immediate supervisor, should focus on the specific work the person will be doing. This includes a review of the Risk Assessment and Method Statement (RAMS) for that task. The worker must not only see these documents but must understand the controls they are expected to follow. [2]

Addressing Language Needs and Communication

A significant challenge on Irish construction sites is workforce diversity. Many temporary workers may not have English as their first language. Sections 9 and 10 of the Safety, Health and Welfare at Work Act 2005 are clear: information and instruction must be provided in a form and language understood by the employees. [1]

Contractors cannot assume that a worker understands a safety briefing just because they nodded their head. If there is a language barrier, the contractor must take proactive steps, such as:

Using pictorial safety signs and visual aids to convey critical information.
Providing translated versions of key site rules and emergency procedures.
Utilising a competent translator or a bilingual worker during inductions and briefings.
Grouping workers by language and providing a supervisor who can communicate effectively with the group.

Effective communication is the bedrock of safety; if a worker cannot understand a warning or a technical instruction, the risk of an accident increases significantly.

Clear Supervision and Control

Because the hiring contractor is deemed the employer under the 2005 Act, they are responsible for the supervision of agency workers. This supervision must be active and commensurate with the risk of the work and the experience of the worker. It is a common mistake to assume that an agency worker can be left to work without the same level of oversight as a direct employee.

Supervisors must be clearly identified, and the agency worker must know who they report to. The supervisor's role is to ensure that the RAMS are being followed, that PPE is being worn correctly, and that the worker is not taking shortcuts. For high-risk activities, such as work at height or in excavations, the level of supervision should be intense. Regular toolbox talks are an excellent way to maintain this connection, providing a forum for supervisors to reinforce safety messages and for workers to ask questions or raise concerns. [1]

Plant Authorisations and Technical Controls

The operation of plant and machinery is one of the highest-risk activities on any site. Temporary workers must never be allowed to operate plant unless they have been specifically authorised to do so by the site management. This authorisation must be based on two things: a valid CSCS card for the relevant category of plant and a site-specific assessment of their ability to operate the machine in the current site conditions. [3]

Even if a worker has a CSCS card for a 360 excavator, the contractor must ensure they are familiar with the specific model on site and that they understand the site's traffic management plan. The authorisation should be recorded in writing, and the worker should be monitored closely during their first few shifts. Furthermore, the contractor must ensure that the plant itself is safe, with valid thorough examination certificates (GA1 forms) where required by the Safety, Health and Welfare at Work (General Application) Regulations 2007. [4]

Reporting Defects and Near Misses

A healthy safety culture is one where every worker feels empowered to report hazards. Agency workers can sometimes feel vulnerable, fearing that if they raise concerns about safety, they will be sent back to the agency. Contractors must work hard to dispel this fear. During induction, it should be made clear that reporting a defect in equipment or a near miss incident is a mandatory part of their role. Benefits of active reporting include:

Early identification of faulty equipment before it causes an injury.
Insights into gaps in the site's traffic management or coordination.
The ability to update Risk Assessments based on real-world feedback.
Improved morale as workers see that their safety is taken seriously.

The reporting system should be simple and accessible. Under Section 13 of the 2005 Act, employees (including agency workers) have a legal duty to report any work being carried on which may endanger themselves or others, and any defect in the place of work or systems of work. [1]

Welfare and Shared Responsibilities

Welfare facilities, including toilets, washing facilities, and a clean area for taking meals, must be provided for all workers on site. The Construction Regulations 2013 place the duty on the contractor to ensure these facilities are available and maintained. There is no distinction made between permanent and temporary staff in this regard. Providing high-quality welfare facilities is not just a legal requirement; it shows respect for the workforce and contributes to a better site culture. [2]

While the hiring contractor has the primary duty on site, the employment agency also retains certain responsibilities. This is a shared responsibility model. The agency must ensure the worker is fit for the work, has the basic training required, and is provided with the necessary information about the job before they start. There should be a clear line of communication between the contractor and the agency, particularly regarding any accidents, incidents, or changes in the worker's role. If a worker is moved from a low-risk task to a high-risk one, the agency should be informed, and the contractor must ensure the worker is competent for the new role.

Consultation and Changes in Work

Section 26 of the 2005 Act requires employers to consult with their employees on matters of safety, health, and welfare. This includes temporary workers. Consultation is not just about telling workers what to do; it is about listening to their perspective. Temporary workers often bring experience from many different sites and may have valuable insights into how a task can be done more safely. [1]

Site conditions are dynamic, and plans often change. If the location of the work moves or the sequence of tasks is altered, the risks must be re-evaluated. Temporary workers are particularly vulnerable during these transitions. A change in location might mean new traffic hazards or a different emergency exit route. Site management must ensure that every worker is briefed on these changes before they continue their work. A quick stand-down or a revised toolbox talk can be the difference between a safe transition and a serious incident.

Record Keeping and the Safety File

Robust documentation is the evidence of a well-managed site. For every temporary worker, the contractor should maintain a record that includes:

Copies of Safe Pass and relevant CSCS cards.
Signed induction records and task-specific briefings.
Records of any personal protective equipment (PPE) issued to the worker.
Written plant authorisations and machine-specific familiarisation records.
Records of any accidents, incidents, or near misses involving the worker.

These records are vital not only for internal management but also for demonstrating compliance during an inspection by the Health and Safety Authority (HSA). Furthermore, the PSCS must ensure that relevant information about the work of temporary staff is captured for the Safety File, which is a record of the project that will be used by those carrying out future maintenance or construction work. [2]

Conclusion

Managing temporary workers requires a proactive approach. By treating these workers as part of the core team and applying rigorous standards, contractors ensure their sites remain safe. The legal duties are clear: under the 2005 Act, the contractor in control of the work is the employer for safety purposes. Embracing this responsibility is key to protecting the workforce.

Safety Check helps contractors in Leinster navigate these complexities with practical advice on worker controls. If you need to strengthen site safety or require HSA compliance assistance, our team is here to support you. Ensuring every worker goes home safe is a shared goal for the Irish construction industry.

References

[1] Irish Statute Book. Safety, Health and Welfare at Work Act 2005. Available at: https://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/html

[2] Health and Safety Authority. Construction Regulations 2013. Available at: https://www.hsa.ie/eng/legislation/regulations_and_orders/construction_regulations_2013/

[3] Health and Safety Authority. Training and Competence in Construction. Available at: https://www.hsa.ie/eng/your_industry/construction/training_and_competence/

[4] Irish Statute Book. Safety, Health and Welfare at Work (General Application) Regulations 2007. Available at: https://www.irishstatutebook.ie/eli/2007/si/299/made/en/print