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Posted By Kevin West
Can anyone provide me with guidance on the following scenario:
A acquaintance of mine is a teacher and remains stood up for most of her day delivering lessons to highschool pupils, as well as having very high stress levels (due to the much reported discipline problems schools have these days)she has developed severe back problems. I have advised her it is due to standing all day in in-appropriate footwear and that she should consider sitting down to deliver the lessons (which she says is not possible) and/or to consider wearing more appropriate footwear.
My questions are:
To what extent is her employer responsible for this situation?
Should/can they insist on the wearing of flat shoes to aid posture?
Can they be liable for further action should they decide to do nothing about it?
Please advise.
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Posted By Zoe Barnett
I would be wary of automatically assuming the back pain is directly attributable to standing all day. There may be other causes and before targetting all efforts into this aspect of her work I'd say she should see a doctor or osteopath to check whether there are any other reasons.
It is the employer's duty to ensure that so far as possible they provide her with a safe working environment and system of work, and it's her duty to co-operate with this. If a chair would assist with the problem then the employer should provide it but she will have to use it. Likewise if the decision is that flat shoes will help it will be up to her to wear them.
It's very easy for an employee to say that a safety measure is not practical but in a case like this I think it would be tough for her to prove that it was impossible for her to sit down at least some of the time. The employer's occupational health team can help to build this kind of measure into the work system. The back problem should be included in a suitable risk assessment as it will almost certainly have implications regarding manual handling and other aspects of her work.
Remember that if it's a foundation or church school it will be the governors who are the employer and not the LEA.
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Posted By Kevin West
In my haste to write this query, before I dashed off home yesterday, I stated that the back problem as described in the question IS due to standing all day and so on. Of course I meant MAY BE due to standing all day etc. My question was really a case of IF it IS due to standing all day in in-appropriate footwear what responsibilities does the employer have and how far should/can they take it.
Thankyou for the response Zoe, you have refreshed my view on the situation. It is often forgot, among employees, that they have a duty to help and look after themselves and co-operate with the employer and it isn't always down to the employers to 'spoon feed them'.
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Posted By Tony Birchall
Zoe,
Could you define "foundation" and "church school"? Pardon my ignorance but I am interested in the governers role.
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Posted By Jerry Sanderson
Tony,
There are 3 major categories of maintained Schools now.
Community (including voluntary controlled)schools.In these schools the Local Education Authority is the employer.
Voluntary Aided (often referred to as church)schools.In these schools the Governing Body is the employer.
Foundation (formerly Grant Maintained) schools.Again in these schools the Governing Body is the employer.
Hope this helps.
Regards.
Jerry.
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Posted By Tony Birchall
Thanks for that Jerry.
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Posted By Jane Riley
It may be well worth suggesting to this lady that she sees a State Registered Podiatrist in relation to this problem - either by self-referral or via Occupational Health. They are trained to recognise and treat biomechanical problems. If she does indeed have a biomechanical problem, simple treatment may well get over the problem of asking her to sit down! They will, as part of the consultation give advice on suitable footwear for the job she does.
Hope this helps. If you need anymore info, please feel free to contact me via e-mail.
Regards,
Jane
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Posted By Ken Taylor
I have dealt with over 140 schools in my time and never come across a teacher without a provided chair in the classroom or denied the right to sit by the employer. I have, however, found plenty with inappropriate footwear. I have not been so brave as to suggest that there should be an instruction as to the nature of footwear to be worn by teachers (other than when required as PPE for specific tasks) but have supported guidance for parents as to appropriate shoes for pupils - and hoped that teachers would 'take the hint'. I have also raised the issue on a one-to-one basis and during training sessions. Your teacher should obtain professional guidance from a health practitioner and take appropriate remedial action. Back pain from prolonged health and safety inspections is also not unknown.
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