S.L. 646.11 Art. 18Temporary workers.

(1) An employer shall ensure that temporary workers are afforded the same level of occupational health and safety protection as that of other workers in the user undertaking and, or establishment, and for this purpose shall remain responsible, for the duration of the assignment, for the conditions connected with safety, hygiene and health at work governing performance of the work: Provided that the existence of an employment relationship which is particular or specific to a worker by reason of his being a temporary worker, shall not justify different treatment with respect to working conditions inasmuch as the protection of safety and health at work are involved, especially with regards to access to personal protective equipment.

(2) An employer shall provide temporary workers with comprehensible information on -

(a) any special occupational qualifications or skills required to be held by that worker as to allow him to work safely; and

(b) any health surveillance required to be provided under these regulations or under any other regulations issued under the Act;

(c) the specific features of the job to be filled by the temporary worker, including any additional specific risks, insofar as these features are likely to affect occupational hcalth and safety:

Provided that such information shall be given to the temporary worker before the said worker commences his duties:

Provided further that where indicated by reason of any risks to health and safety arising out of, or present during the job to which a temporary worker has been assigned work, an employer shall provide sufficient training appropriate to the particular characteristics of the job, taking into account the temporary worker’s qualifications and experience.

(3) Where the work to be assigned to a temporary worker requires medical surveillance by virtue of the work being associated with severe risks to health and, or safety, an employer shall under no circumstance allow that work to be carried out by a temporary worker unless special medical surveillance is provided which is appropriate to the work to be assigned: Provided that where indicated, an employer shall also be responsible for ensuring that the special medical surveillance extends beyond the end of the employment relationship of the worker concerned.

(4) An employer shall inform a temporary employment business of the occupational qualifications required and the specific features of the job to be filled when requesting temporary workers to be provided by the temporary employment business, and such temporary employment business shall bring all these facts to the attention of the workers concerned. The temporary employment business shall also ensure that such information is entered into any contract signed with the employer for the provision of temporary workers, which, inter alia, shall also include details of any medical surveillance required.