Construction industry warned to protect migrant worker safety
Published: 29th March 2007
A leading law firm is warning construction firms that they must ensure eastern European workers are given adequate training in health and safety legislation or face serious punishment.
A recent survey of construction industry managers by Scottish Construction Now magazine found that more than a third, believed that eastern Europeans needed to improve on their health and safety practices.
Mace & Jones partner and construction industry specialist Ken Salmon said the Health and Safety Executive (HSE) is ready to crack down hard on employers in inspections in response to mounting evidence that eastern Europeans are facing higher workplace accidents levels. Research carried out for the HSE by London Metropolitan University found that migrant workers are concentrated in more hazardous jobs without adequate training and are working longer hours and shifts. The HSE initiated the research after suspecting elevated accident risks to migrant workers were not being reflected in official statistics.
"Employers have a duty to improve migrant workers limited understanding of health and safety,' he said. "Employers need to put in place a procedure to ensure that any problems with communication or lack of familiarity with the jobs are properly prepared for and ironed out through rigorous training. Failure to protect the safety of migrant workers risks stiff penalties and fines. Employers simply cannot afford to be complacent in this vitally important area of the labour market."
However Mr Salmon said employers needed to tread with real care not to discriminate against eastern Europeans.
"Although tests to assess eastern European applicants standard of written and oral English are advisable they must be applied to all candidates regardless of nationality to avoid accusations of discrimination,' he said. "Moreover, the tests should not go beyond assessing the candidates ability to fulfill the job description. Overly onerous tests could again be seen as potentially discriminatory."
Mr Salmon further urged employers to check all prospective workers' passports, and to make sure they keep copies on file. Otherwise they will not have any defence against a charge of employing an illegal migrant worker.
"The Government has employers under the microscope," he said. "Bosses who hire workers without the necessary paperwork face an unlimited fine or two years in jail. But if you check one job applicant's paperwork because, but not another's, you will be discriminating."
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