Learn how your business can protect seasonal workers in advance of and during work placements, as well as what to do if things go wrong.
With the summer months upon us, employers should be mindful of their obligations towards seasonal workers under health and safety law.
Seasonal workers present an acute health and safety risk for businesses, as these types of workers are as likely to suffer accidents in their first six months of a job as during the rest of their career.
This article explores the duties of those supplying and using seasonal workers in their business. It looks at how businesses can protect seasonal workers in advance of and during work placements, as well as what to do if things go wrong.
What are your duties before a work placement commences?
Sections 2 and 3 of the Health and Safety at Work etc. Act 1974 require employers and self-employed persons to take reasonable steps to ensure that employees and persons not within their employment are not exposed to health and safety risks.
Both suppliers of seasonal workers as well as businesses utilising seasonal workers ("the user business") are responsible for identifying sources of injury or illness before the work placement commences.
In particular, suppliers and users need to collaborate to clearly understand:
- the seasonal worker's duties;
- what knowledge/ experience the seasonal worker requires for safe performance; and
- what control measures exist in the user's business, including health surveillance and protocols for raising health and safety concerns.
Both parties must ensure that workers are suitable, and prepared, for the work being undertaken.
Protecting seasonal workers – A six-step plan
The Health and Safety Executive (HSE) has recently issued a six-step protocol to mitigate risks posed to new workers. This can be a helpful checklist for businesses supplying and using seasonal workers and includes:
- Capability – assessing the health, skills, and experience of seasonal workers before work commences. Relevant work experience is particularly important in sectors like construction where conditions can change quickly and rapid judgement calls must be made.
- Induction – businesses should provide planned induction and orientation sessions to seasonal workers. These should include photos/ videos where appropriate, as well as site tours which identify key hazard points.
- Controls – ensure that control measures are updated, including discussions with health and safety representatives; reporting of accidents and near misses; and providing adequate personal protective equipment.
- Information – seasonal workers may require specific programmes of instruction and training to prepare them for risks they may be exposed to on the job.
- Supervision – as new starters, seasonal workers should have enhanced supervision. They should also be made aware of their supervisors and trained on how to raise concerns, which can be difficult given their unfamiliarity and inexperience. Experienced staff might be recruited as junior supervisors to accommodate an influx of new workers heading into the summer.
- Check understanding – businesses should ensure that workers understand the information provided, including seasonal workers' own duties to co-operate with the business by participating in training and using machinery or equipment in line with instructions. Businesses should implement continual surveillance and assessments to ensure this information is acted upon in the first days and weeks of a work placement when accidents are most likely.
Thorough training allows businesses to avoid breaching health and safety obligations, but also improve their efficiency when recruiting seasonal workers.
More information on the HSE's guidance for new starters is available here.
How can you protect seasonal workers on the job?
Your health and safety obligations towards seasonal workers are no different than those towards other workers. It is important to communicate with others in the supply/ user chain to proactively identify and address risks once the seasonal work commences.
Seasonal workers more frequently work alone without supervision and against tight deadlines. They perform larger volumes of manual labour and work longer more unsociable hours.
User businesses should consider the specific risks of musculoskeletal disorders, stress, and fatigue posed to seasonal workers which may increase as a work placement progresses. Forward planning and surveillance can help protect businesses and seasonal workers before these develop into breaches of health and safety law.
Protecting migrant seasonal workers
You are obliged to communicate effectively with those who do not speak or understand English well or at all. This may include translating information and providing visual aids like signs or instructional videos. The HSE offers guidance for those employing migrant workers here.
Workers should also be directed to resources which can enhance their experience in the workforce and avoid feelings of isolation. The Royal Scottish Agricultural Benevolent Institution (RSABI) offers a dedicated helpline for seasonal workers with a translator if required, as well as access to seasonal worker advocacy groups and financial assistance.
The risk of prosecution and temporary workers
Two recent cases highlight the risk of HSE prosecution where the steps noted above are not taken by companies.
Loadhog Limited
In April 2024 a Sheffield packaging company was fined £100,000 after an agency worker was injured by a table saw.
The Court found that the company had failed to provide adequate protection to the worker, including failing to provide a suitable guard for the machine and implementing effective safe working practices.
Chelmsford City Council
In June 2023 Chelmsford City Council were fined £80,000 after a temporary worker was fatally hit by a bin lorry.
HSE investigations showed that the Council failed to train temporary workers on safe reversing procedures and the use of non-verbal communication such as hand signals.
Reporting if things go wrong
Seasonal workers are covered by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). These regulations require certain incidents to be reported to the HSE.
Both suppliers and user businesses may be caught by RIDDOR obligations which cover both employers and those in control of the workplace premises.
For further guidance on your obligations under RIDDOR visit the HSE website and read our recent article on updated HSE guidance under RIDDOR.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.