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Posted By Jonathan Breeze
I've been asked to look into this old chestnut again, this time by my new employer and have been asked a question that I am genuinely at a loss to answer:
"If the company already provides a medical assistance scheme as a benefit where employees can claim back for a visit to the optician, can that company be said to have complied with it's legal requirements under Regulation 5 of the DSE Regs?"
My gut feeling is yes, but gut feel alone is no basis on which to formulate policy let alone base a legal defence if one was required.
Your thoughts would be appreciated.
Jonathan Breeze
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Posted By Hilary Charlton
I would have said yes, but on the proviso that everyone knows they can and that they know they are entitled to this under the Display Screen Equipment Regs.
Hilary
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Posted By john r sharp
Jonathan
Your company may provide the medical assistance scheme which employees claim the cost of the eye test, but does the optician carry out that part of the test relating to DSE?
If so, is this documented in some form of report, with any recommendations for re-test or provision of "corrective appliances"?
If this is in place, then I would consider that the company has complied with the regulations.
John Sharp
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Posted By Jonathan Breeze
Thanks to the above for responding.
John, you refer to;
"The part of the test relating to DSE"
Not being an optician/ optometrist type, what part of the test is that exactly, the Guidance on the regs. is not clear, referring to documents I do not have
access to.
Would it suffice if our employee just went to their optician and stated that they worked with display screens prior to an eye test?
Also, I have now been advised that not all our employees have signed up for the Medical Assistance scheme for whatever reason (tax purposes/ apathy etc.) How do we cover them?
Jon
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Posted By Jonathan Breeze
Thanks to whoever has just pushed the VDU Eye Test Suitability thread to the top of the list, it answers some of my questions.
I missed it first time (must need an eye test!)
However I feel my other questions still need answering.
Hobby horse alert
If "there is no reliable evidence that work with display screen equipment causes any permanent damage to eyes or eyesight, but it may make users with pre-existing vision defects more aware of them." why do employers have to foot the bill?
How many of us go home & switch the TV or computer on & spend maybe 4 hours per night looking at a 'display screen'?
People should surely just accept nature has dealt them a bad hand, buy the glasses themselves & deal with it.
There are more pressing h&s issues in the workplace which require resources without employers having to fork out for glasses & eye tests for "pre-existing conditions"
Sorry I'm in a bad mood today.
A glasses wearer. -O^O-
End hobby horse alert.
Jon
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Posted By Dave Wilson
J,
Sorry mate its the law and thats the starting point, not a good law right enough!
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Posted By John Mackessack
Hi Jon,
Re: "The part of the test relating to DSE"
I too went through this old chestnut a couple of years ago.
Most opticians are on-the-ball and generally ask during an eye test whether you use a computer at work (or whenever). From this they can test your eyes at the suitable focal range for VDU use.....erm...or something like that.
I did a dry run when I'd finished reviewing our policy/procedure and found it to be a pretty straightforward issue with the highstreet optician I went to......claiming the money back was another matter!
Hope this helps
John
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Posted By Jonathan Breeze
Dave,
Thanks for bringing back down to earth. Of course existing law has to be our starting point, and that is what I too would advise.
But it was good to get it off my chest.
Thanks also to other contributors for useful hints.
Jon
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Posted By Dave Wilson
J,
Its surprising really how few % of employees actually take up the test and how few glassess are actually required.
if you want to cut down your liability then classify who are 'users' rather than a blanket approach and agree a set price with a particular provider, this may help reduce costs and complexity.
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Posted By Jonathan Breeze
I thought I'd killed this one off thanks to your responses, but no...
My employer is particularly keen to push the eye tests through via the medical assistance scheme because "There is no point in paying for a service twice" (a sentiment I can fully understand).
However, I have now been advised by a seperate source that because the scheme requires an employee to pay out and then claim back, the eye test would not be considered as "at the expense of the user's employer" (pararaph 60 of the Guidance Note).
Is this a correct interpretation of the document (considering the fact that the employer pays for the medical assistance scheme)?
Jon
P.S. Yes, I am well aware that we could have probably set up a scheme by now for the extra costs incurred in trying to work this one out.
P.P.S. No, I do not particularly want to be involved in developing the case law on interpretation of this guidance.
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Posted By Dave Wilson
John I dont see any harm in this as long as the person gets fully reimbursed and is not out of pocket.
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Posted By Neil Tonge
So long as the employees are aware of the health scheme, the fact that they are entitled to an eye test (and corrective equipment if required) then there is no problem in my opinion.
The fact that the employee pays for the service and is reimbursed is a red herring - the employer pays in the long run and therefore discharges their duty under the regulations.
The Westfield Scheme is the service we use and it is very easy to claim money back - with the added bonus of providing a confidential telephone helpline which goes a long way towards discharges some of our duties vis a vis stress. They can be contacted on 0845 602 1629 and the minimum premium is roughly £1 per employee per month.
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Posted By Cathy Ricketts
You may also like to get hold of a copy of the British Optometrist Guidance referred to in the regs - I e.mailed them and they sent me a copy it goes through what should happen at the test.
We are currently looking at Westafield and I am happy it covers the DSE requirements with the exception of where an employee may require more than one eye test in a twelve month period (they can request this). Would be intersted to talk to you more about the scheme and uptake etc. All our staff are vdu users it just makes life so much simplier, we advise eye tests every two years if not required more frequently.
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