More than 427,000 eastern Europeans have come to work in Britain since the expansion of the European Union in May 2004, more than twenty times official predictions. In spite of initial concerns, this large influx of foreign labour has produced tangible benefits for the U.K’s economy, providing an extremely able and diligent workforce.

As well as the benefits, small businesses need to be aware of the challenges that can arise from the use of foreign personnel, particularly in venues that serve the public. Employers who fail to ensure that their foreign staff do not understand the health and safety requirements run the risk of falling foul of personal injury claims and allegations of race discrimination.

The first thing for employers to bear in mind is that they must ensure that any potential employee has permission to work in the UK either by means of EU citizenship or a work permit. If an employer takes on an employee who doesn’t have permission to work, they put themselves at risk of criminal prosecution.

All businesses are subject to the terms of the Health & Safety at Work Act 1974 and any breach of these regulations will bring about civil liabilities . Breach of codes of practice can be used as evidence in criminal proceedings against employers. Developments in recent case law clearly demonstrate that the range of activities employers can be found vicariously liable for is being extended. Staff must have an adequate understanding of the dangers of the workplace and the effects of their actions; this responsibility lies with the employer.

A principal requirement of these regulations is that workers must be properly trained. It is extremely important that information and warnings can be easily comprehended. This presents a problem in the case of foreign workers because English may not be their first language. It is important to make sure that the employee in question completely understands the training. It may therefore be prudent to consider other forms of instruction such as pictures, or to provide information in other languages so that it may be understood by the recipients. A lack of clearly understood training may result in a greater number of accidents and claims. This increase will be considered by the courts to be foreseeable and therefore avoidable.

Another important obligation for employers is to carry out a full risk assessment under the Management of Health and Safety at Work regulations. Any policies implemented must not discriminate against foreign nationals or they will fall foul of race discrimination legislation. For example, if a foreign worker is employed in an environment where there is an obligation to medically examine, foreign workers must be able to report problems without language difficulties.

All workers should be provided with:

• Pre-employment awareness of health and safety rights and obligations of all employers
• A detailed risk assessment and comprehensive health and safety policy
• Written training policies and signed proof of receipt
• Comprehension by all employers of training
• Regular appraisals of health and safety issues