The construction industry often relies on temporary and seasonal workers to meet project demands, particularly during peak periods. While these workers play a vital role in keeping projects on track, they can also face significant risks if health and safety procedures are not properly followed. Employers must ensure that all workers, regardless of their employment status, have the necessary training and protective measures in place to prevent accidents and injuries on-site.
Keeping temporary construction workers safe
Under the law, all workers have the right to work in an environment where risks to their health and safety are properly controlled. The main piece of legislation governing this is the Health and Safety at Work Act 1974, which places general duties on all employers. Additional regulations, such as the Construction (Design and Management) Regulations 2015, impose further requirements to ensure construction sites are managed safely.
Temporary workers, including those hired through agencies or on short-term contracts, are entitled to the same legal protections as permanent employees. In most cases, the principal contractor or site manager is responsible for their health and safety, as they have control over the working environment. However, if an employment agency is involved, it must also assess the risks associated with the work and ensure that workers have the appropriate skills, qualifications, and training before they start.
The Health and Safety Executive (HSE) reports that all workers are more likely to have an accident in their first six months of employment than at any other time. This increased risk can be attributed to factors such as lack of experience, inadequate training, and unfamiliarity with potential hazards on-site. Despite legal protections, temporary workers do not always receive the same level of induction training as permanent staff. A responsible construction firm should ensure that every worker, regardless of their contract length, receives a thorough site induction covering potential hazards, emergency procedures, and the correct use of personal protective equipment (PPE). They should also be trained on how to report safety concerns, near misses, and accidents.
While some employers may hesitate to invest heavily in training workers who will only be on-site for a short period, proper risk assessments are crucial. If aspects of the job are identified as hazardous, it is essential that temporary workers receive adequate training and that control measures are implemented to reduce risks. Failure to do so can have devastating consequences, not only for the worker involved but also for the employer, who may face legal action, fines, or even imprisonment if found guilty of breaching health and safety laws.
What happens when businesses fail to protect workers?
Unfortunately, despite clear legal requirements, some businesses fail to take the necessary precautions, often prioritizing productivity over safety. Temporary workers are frequently expected to start work immediately with minimal training, increasing the likelihood of serious incidents.
In May 2021, a recycling company was fined £600,000 by the HSE after an agency worker was crushed to death by a forklift truck he was driving. The investigation found that the worker had not been properly trained, monitored, or supervised. In another case, a glass recycling plant was prosecuted and fined when an agency worker was killed on his first day of work after a forklift truck overturned and crushed him. He had been hired on a temporary four-day contract.
In 2020, another temporary worker lost his life after being run over by a loading shovel at a recycling plant in Hartlepool. The HSE found that the plant had failed to provide a safe pedestrian route. The company was fined £2.15 million in January 2024. Similarly, in September 2023, a waste management facility in Devon was fined £3 million after an agency worker was crushed under a skip in only his second week on the job. While these high-profile cases highlight the most severe incidents, many temporary workers suffer non-fatal injuries that still have a lasting impact on their lives and livelihoods.
Lessons learned from injury claims
Our personal injury solicitor, Laura Williamson, recently represented a client who had been working as a temporary labourer on a construction site. He was instructed to use scaffolding for high-level painting work without having received any prior training. Crucially, he was not informed about the correct procedures for ascending and descending scaffolding safely. As a result, he lost his footing and fell several feet, sustaining life-changing injuries.
Although the construction firm initially claimed that adequate training had been provided, we were able to demonstrate that essential safety information had been omitted. This enabled our client to successfully claim compensation, which allowed him to access rehabilitation and financial support to rebuild his life.
How can we help you?
All workers, whether permanent, temporary, or agency-hired, have the right to a safe working environment. If you or a loved one have suffered serious injuries due to inadequate training, lack of PPE, or an unsafe work environment, our expert personal injury team at Enable Law can help.
While compensation cannot undo the physical and emotional impact of an accident, it can provide the financial support needed for treatment, rehabilitation, and lost earnings. Our team has successfully represented hundreds of injured workers, helping them secure the justice and compensation they deserve.
If you have been affected by a workplace accident, contact us for a free, no-obligation consultation. Call us on 0800 044 8488 or fill in our contact form, and a member of our team will call you back at a convenient time.
