EOC(3)-MW ADEV 003

Equality of Opportunity Committee

Inquiry into Migrant Workers

Additional Evidence from Health and Safety at Work

Health & Safety at Work legislation applies equally to all who work in Wales , regardless of 'vulnerability' due to immigration status, age or other factors.

Health & Safety legislation regulates risks to the health and safety of all employees and others  that might be affected from work activity . It does not apply to risks that arise from any other causes , or outside the workplace.   

Enforcement of Health & Safety at Work  legislation is split between the Health &Safety Executive (HSE) and Local Authorities. The main activity in the workplace determines the enforcing authority. Broadly HSE is responsible for enforcing in major hazard industries ( eg Nuclear, Chemicals), Factories, Construction , Agriculture , Public Sector ( eg Police, NHS,  Education, Fire Services, Local Authorities) , Nursing Homes .Local Authorities are responsible for Offices including call centres , Shops and Warehouses, Leisure Activities,  Restaurants and Catering, Hotels and Hostels, Caravan Parks, Care Homes . Migrant workers will  work in  both HSE and LA enforced sectors. They may work in HSE enforced premises but may live off site in LA enforced Hostels. 

HSE investigates all  fatalities and many serious injury accidents of work, and may take enforcement action , based entirely on the circumstances , not on the employment status ,or nationality, of the deceased or injured party.

Migrant workers are not the only persons who may be vulnerable , at work , or to the risks of work activities. Others include young persons ; workers employed on a casual basis;  patients ; the elderly in care settings.

There is increasing evidence that   workers new to the job/workplace may face higher risks . HSE guidance to Inspectors and Local Authorities alerts them to focus inspection on adequacy of induction, training , supervision and communication  ,  including language issues  , in all sectors/ workplaces that rely significantly on vulnerable , including migrant, young, temporary or casual , workers.

The Secetary of State, DWP, has recently commissioned from HSE a study of recent construction fatalities in GB, which will inevitably look at nationality/ migrancy issues when it considers underlying causes.

HSE , because it has limited vires in relation to all the issues related to migrant workers , seeks to work closely with other agencies. It has joined with Police, Gangmasters Licensing Authority, Local Authority, Fire Authority to look at workplaces of , and accommodation provided  for, seasonal agricultural workers in different locations across GB. In Wales, a similar joint approach with relevant authorities has been adopted in relation to control of cockling activity.

Also in Wales HSE has contributed to the 'Welcome to Wales' pack for migrant workers , partnering in the North Wales Race Equality Network, attending drop in centres for migrants to discuss issues  , and giving talks to Polish workers in Bangor and Wrexham. We have also run a seminar for employers and employment agencies on the issues surrounding migrant workers.

HSE hears rumours of 'terrible' workplace conditions affecting migrant workers, but in Wales we have not received information of any substance about such places. We would welcome, and act on, real intelligence from any source . We treat any complainants with complete anonymity if that is what is wished.