By Brian Cains

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Migrant Worker Workshop
By Brian Cains HR Director
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Moy Park Ltd

• 670 million company.
• 8,000 employees.
• Serving in 13 countries throughout Europe.
• Collectively serving all of the top UK and
  European Retailers Together with all the QSR
  chains.

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Moy Park Ltd

• 8,000 EMPLOYEES
• LOCAL V NON
  NATIONAL
• Northern Ireland 65 35
• England 66.1 33.9

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Case study

• Please read the case study provided
• Answer the questions in the handouts

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Question 1

• Were any offences committed by the employer? 

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Question 2

• Should the food company have reported the
  incident to the HSENI or was that the duty of the
  agent?

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Question 3

• To what extent should the employer have gone to
  ensure the Polish worker understood the dangers
  of the job?

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Answer 1

• No guard on nip of out feed end of conveyor
• Offence under Health and Safety at Work (Northern
  Ireland) Order 1978
• PUWER Regulations requirement to prove employer
  delivered adequate information, instruction
  training on use of the work equipment
• Probably could not prove Franc was trained in all
  aspects

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Answer 2

• Duty to report accidents lies with employer
• Major incident under RIDDOR
• HSENI would expect food company to report the
  accident ASAP within 10 days follow up with
  NI2508

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Answer 3

• Food company should have checked prospective
  employees understanding of English
• Signed declaration by the agency was insufficient
• The agents should have completed the forms but
  did not due to the pressure to recruit the vast
  amount of labour.
• Food company should monitor e.g. adequate routine
  inspections review the health safety
  arrangements

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Answer 3

• The company should carry out an investigation
  into the accident to prevent a reoccurrence
• Information, instruction (where appropriate
  written instruction) training should have been
  given to Franc in the use of the work equipment.
• Information instruction - easy to
  understand - appropriate language
• The in-running nip to be guarded