Skip the NI Direct Bar

Topics: Migrant Workers

Introduction:

The Health and Safety Executive for Northern Ireland (HSENI) and local councils are responsible for enforcing health and safety legislation in Northern Ireland (NI)  The law provides protection for overseas workers whether they are working here legally or not.

As an employer if you have migrant workers in your workplace you will need to consider in particular:

  • language and communication issues;
  • basic competencies, such as literacy, numeracy, physical attributes, general health, and relevant work experience;
  • whether vocational qualifications are compatible with those in NI, and are genuine;
  • the possible effects of the attitudes and assumptions of workers new to work in NI, or of local workers towards them.
Ask the Expert here   Resources on this topic can be downloaded here

Key Issues:

  • Advice for workers

    All workers get the same protection under NI health and safety law whether they are working here legally or not. Your employer has to protect your health, safety and welfare. Everybody has the right to work in places where the risks to their health and safety are properly controlled. You have a right to know who employs you. If you don't know - ASK.

    What your employer must do

    General

    • Tell you about any risks to your health and safety connected with your job.
    • Display a certificate showing they have Employers’ Liability Compulsory Insurance.

    Information and training

    • Give you the information, instruction and training you need to work safely and make sure you have understood it – it doesn’t have to be in English.
    • Make sure you can understand any safety signs in your workplace.
    • Make sure you can always speak to an experienced supervisor and that you can understand each other.

    Equipment and clothing

    • Not allow you to drive or operate any machinery unless you have been properly trained.
    • Make sure any equipment you need to use is suitable and properly looked after.
    • If needed, give you (free) protective equipment or clothing, which should be warm and/or waterproof if you have to work outside.

    Your welfare

    • Make sure there are adequate toilet and washing facilities you can use, and clean drinking water.
    • Make sure you can get emergency first aid.
    • Keep a record of any injuries, ill health or dangerous occurrences and report them to the Health and Safety Executive for NI.

    Women and young people

    • Consider any risks to women of child-bearing age, particularly if they are pregnant or breastfeeding.
    • Consider the needs of workers under 18 years old.

  • Further Information

    What you must do as an employee

    • Make sure what you do at work does not put you or other people at risk.
    • Help your employer to reduce health and safety risks in the workplace.
    • Use any work equipment in the way that you were trained.
    • Use properly anything supplied for your health and safety.
    • Let your employer know (in writing) if you are pregnant, breastfeeding or have given birth within the past six months.

    What to do if you are concerned about your health and safety

    • Talk to your employer, manager or supervisor.
    • Talk to your safety representative if there is one.

    If you still think you or other workers are at risk, contact HSENI’s Infoline on 0800 0320 121 You can speak to HSENI confidentially and without giving your name.

    Other useful sites include:

    UK Border Agency
    HSE Migrant Workers Site

Key Legislation

Health and Safety at Work (Northern Ireland) Order 1978

Management of Health and Safety at Work Regulations (Northern Ireland) 2000

Provision and Use of Work Equipment Regulations (Northern Ireland) 1999

Personal Protective Equipment at Work Regulations (Northern Ireland) 1993

Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993

Please note that these links are to the original legislation, visitors should verify for themselves whether legislation is in force or whether it has been amended or repealed by subsequent