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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Regulations extend the meaning of the word "work" in the Health and Safety at Work etc Act 1974 (HSW Act) to include "relevant training". Consequently, those provided with "relevant training" are treated as employees of the immediate provider of the training. These regulations provide guidance about who needs to be trained in the workplace, which includes all trainees, such as work apprentices, trainee doctors, nurses or work experience.
Trainees may not be engaged in "relevant training" for the whole of an extended training course or programme and consequently the trainee may not be an employee for the whole of the course. However, the inclusion of the phrase "or training for employment" in the definition of "relevant training" (see below) means that participants in many Government sponsored traineeships, for example some of those funded by the Education Funding Agency or the Skills Funding Agency, will be employees for health and safety purposes, unless the training is provided by an educational establishment as defined by the Regulations.
Training providers (TP) may be charities, educational establishments, local authorities, chambers of commerce or businesses. They may, in turn, subcontract all or part of the training, including the work placements. The health and safety responsibilities of the TP will depend on the nature of the training they give the trainee. Some of it will fall within the definition of "relevant training", e.g. when the TP is the immediate provider of work experience, but some, e.g. training carried out in an educational establishment or interviews to assess progress and training needs, may not.
Contracts of Employment
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.