text: **Duties on employers**
  
  **4.**—(1) An employer with more than 50 employees who is the employer of any person who is 
  required to undertake workforce tests or has responsibility for any agency worker who is required 
  to undertake workforce tests, must take reasonable steps to facilitate the taking of those tests by 
  that person or agency worker in accordance with these Regulations. 
  
  (2) In the discharge of the duty under sub-paragraph (1), an employer must have regard to any 
  
  guidance issued by the Secretary of State for the purposes of this paragraph. 
  
  (3) In sub-paragraph (1) an employer has responsibility for an agency worker if— 
  
  (a) the agency worker is supplied or to be supplied by a person (an “agent”) to the employer 
  under a contract or other arrangements made between the agent and the employer; and 
  
  (b) the agency worker is not— 
  
  (i) a worker because of the absence of a worker’s contract between the agency worker 
  and the agent or the employer, or 
  
  (ii) a party to a contract under which the agency worker undertakes to do the work for 
  another party to a contract whose status is, by virtue of the contract, that of a client or 
  customer of any profession or business undertaking carried on by the agency worker. 