Det delade arbetsmiljöansvaret inom bemanningsbranschen

Sammanfattning: In the staffing agency business, the responsibility of the working environment are divided between the client companies and the staffing agencies. Therefore the temporary workers should be double protected, but the consequences are that the responsibility of the working environment falls between the cracks in many businesses.The purpose of the essay is to examine how the workers in industrial businesses from the staffing agency are protected by the shared responsibility that exists between the client companies and the staffing agencies, regarding work environment. To be able to answer this questions, the legal method is used.The conclusion of this essay is that the temporary workers are protected by the Work Environment Act, stating that the staffing agency and the client company have a responsibility for the employee´s work environment. Since the staffing agency is the employer, they have the largest work environment responsibility. This means, however, that staffing agencies are in a special situation because they are not in the place where the employee works. Since the client company is equated with an employer according to 1 § SAM, the systematic work environment is shared equally between the client companies and staffing agencies. On the grounds that there is a lack of clarity concerning who is responsible for what from the both parties, it leads to that the working environment responsibility are neglected. It also depends on the fierce competition that exists between various staffing companies today, which means that staffing companies do not always take part of the client companies' risk assessments or requirements on the grounds that they are afraid of losing the customer. This results that the temporary employees do not get the protection that the Work Environment Act is intended to give them.