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Posted By Bryn Maidment
Anyone else tried to interpret the DSE part of the above Regs.?
I believe that the requirement to assess workstations and provide a sound, ergonomic set-up now applies to anyone using DSE irrespective of whether are "habitually users/significant part of normal work".
Am I correct?
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Posted By John Ridd
Whilst that may be a sensible approach (it removes any questions as to thoroughness) it is not quite the same as my interpretation.
I believe what is intended is that an employer should assess all workstations that might be used by workers who have been categorised as 'users' - i.e. the qualifications of "habitually users/significant part of normal work" still apply, but not only in respect of their primary workstation.
In truth these amendments further encourage the approach (one that is reasonably commonplace anyway in my experience) that anyone or any desk with a computer should be assessed. If nothing else, it saves having to go back next month to check whether the workers have now come within the scope of the Regs.
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Rank: Guest
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Posted By Jack
And I not right in thinking that the change is to regulation 3 which is about the minimum requirements for workstations rather than regulation 2 which is about assessment? So the new requirement is not that we need to extend the assessments but that we need to ensure that all workstations comply with the minimum requirements (I am aware that this implies a certain level of assessment in order to determine whether the minimum requirements are complied with). Secondly the point needs to be made that this need to comply with the minimum requirements does not apply to workstations solely for use by the public for example of those in public libraries and those used by pupils in schools.
Jack
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Rank: Guest
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Posted By Ken Taylor
Jack is correct as to the evident intention of the amendment. Unfortunately, with the removal of the qualification 'user' the term 'purposes of his undertaking' could strictly be applied to workstations used only by persons other than employees'. Presumably a revised version of L26 will clarify this point.
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Rank: Guest
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Posted By Jack
You are right Ken it will. The draft revised L26 says
'Where any of the exclusions in Regulation 1(4) are operative, none of the duties in the Regulations apply to or in connection with the use of the equipment concerned. However, the proviso at paragraph [8] applies here too. Employers should still ensure that, so far as is reasonably practicable, the health and safety of those using the equipment are not put at risk. The general duties on employers and others under the Health and Safety at Work etc Act 1974, and other general health and safety legislation (see paragraphs 6 - 8), are still applicable and particular attention should be paid to ergonomics in this context.'
This for example excludes DSE provided for members of the public (ie they are not covered by any of the Regs.
They also say:
'The exclusion in Regulation 1(4)(c) is for DSE mainly provided for public operation; such as cashpoint machines, and microfiche readers and computer terminals in public libraries. “Public operation” means operation by anyone who is not an employee or a self-employed person, hence the Regulations do not apply to workstations provided for school pupils or students. (It is nevertheless good practice for students and pupils to be trained to set up and use DSE and workstations in a way that minimises the risks.). The exclusion in 1(4)(c) does not extend to DSE available for operation by the public but mainly intended for users or operators'
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Posted By Ken Taylor
It's a pity they didn't include this in the actual Regulations and then make the explanation easier to comprehend! I suspect that there will be continuing confusion on this issue. I look forward to seeing the published version of the revised L26.
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