Posted By Richard Mathews
Rod
Your client couldn't be more wrong on this one. Below is the HSE guidance on this (very lengthy but all there).
From personal experience I will give a word of warning regarding the use of vari-focal specs for DSE work. I have recently gone onto these and I am finding it very difficult to adjust, in particular at the mid distance, I am now considering single vision for DSE work only.
Richard
Eye and eyesight test
50 Regulations 5(1) and 5(2) require employers to provide users who so request it with an appropriate eye and eyesight test. In Great Britain an "appropriate eye and eyesight test" means a "sight test" as defined in the Opticians Act legislation1. The test includes a test of vision and an examination of the eye. For the purpose of the Display Screen Equipment Regulations, the test should take account of the nature of the users' work, including the distance at which the screen is viewed. Display screen users are not obliged to have such tests performed but where they choose to exercise their entitlement, employers should offer an examination by a registered ophthalmic optician, or a registered medical practitioner with suitable qualifications ("optometrist" and "doctor" respectively in the paragraphs below). (All registered medical practitioners, including those in company occupational health departments, are entitled to carry out sight tests but normally only those with an ophthalmic qualification do so).
51 Regulation 5(1) gives employers a duty to ensure the provision of appropriate eye and eyesight tests on request:
(a) to their employees who are already users when the Regulations come into force;
(b) and (thereafter) to any of their non-user employees who are to become users.
The Regulations do not give employers any duty to offer eye and eyesight tests to persons not in their employment, such as applicants for jobs. However, where somebody has been recruited and is to work with display screen equipment to the extent that they will become a user, Regulation 5(1)(b) becomes applicable. Hence where a newly recruited employee of this kind - whether or not they have been a user in any previous employment in a different undertaking — requests one, an appropriate eye and eyesight test should be arranged by their new employer. The test should be carried out before the newly recruited employee becomes a user, as required by Regulation 5(2)(b). This does not mean that new recruits must be given a test before doing any display screen work, but they would have to be given a test (if they requested one) before doing sufficient display screen work for this to be regarded as a significant part of their normal work. For guidance on what this means in practice, see paragraphs 10–13 above on the definition of a user.
52 The British College of Optometrists has produced a statement of good practice for optometrists, obtainable from them (see Annex C). Among other things, it makes clear that the purpose of the eye test by an optometrist or doctor under Regulation 5 is to decide whether the user has any defect of sight which requires correction when working with a display screen. It follows that users need to be able to describe their display screen and working environment when they have the eye test. As the College points out, the optometrist will need to make a report to the employer, copied to the employee, stating clearly whether or not a corrective appliance is needed specifically for display screen work and when re-examination should take place. Any prescription, or other confidential clinical information from the eye test, can only be provided to the employer with the employee's consent.
1 S36(2) of the Opticians Act 1989 defines testing sight as "determining whether there is any and, if so, what defect of sight and of correcting, remedying or relieving any such defect of an anatomical or physiological nature by means of an optical appliance prescribed on the basis of the determination". The test is defined in further detail in the Sight Testing Examination and Prescription (No 2) Regulations 1989.
Vision screening tests
53 Vision screening tests are a means of identifying individuals with defective vision who need a full sight test (see paragraph 50). These tests are not designed to screen for eye defects, such as injury or disease, that may not at first affect vision. Where companies offer vision screening facilities, some users may opt for a vision screening test to check their need for a full sight test. Other users, however, may choose at the outset to exercise their entitlement to a full sight test, and in such cases the employer must arrange for the test specified in paragraph 50 to be provided.
54 Where the user opts for vision screening, the screening instrument or other test method used should be capable of testing vision at the distances appropriate to the user's display screen work, including the intermediate distance at which screens are viewed (normally 50–60 cm). Where test results indicate that vision is defective at the relevant distances, the user should be informed and referred to an optometrist or doctor for a full sight test.
55 Those conducting eyesight screening tests should have basic knowledge of the eye and its function and be competent in operation of the instrument and/or tests. Both the test results and the need for further referral should be assessed by those with medical, ophthalmic, nursing or paramedical skills.
Regularity of provision of eye and eyesight tests
56 Regulation 5 requires that eye and eyesight tests are provided:
(a) as soon as practicable after display screen users have made a request;
(b) for employees who are to become users, and have made a request. In such cases the test must be carried out before the employee becomes a user;
(c) for users at regular intervals thereafter to check the need for special corrective appliances for display screen work, provided that they want the tests. Employers should be guided by the clinical judgement of the optometrist or doctor on the frequency of repeat testing. The frequency of repeat testing needed will vary between individuals, according to factors such as age. However, employers are not responsible for any corrections for vision defects or examinations for eye complaints which are not related to display screen work which may become necessary within the period. These are the responsibility of the individual concerned;
(d) for users experiencing visual difficulties which may reasonably be considered to be related to the display screen work, for example visual symptoms such as eyestrain or focussing difficulties.
57 Where an eye test by an optometrist suggests that a user is suffering eye injury or disease, the user will be referred to his or her registered medical practitioner for further examination. This examination is free of charge under the National Health Service.
Corrective appliances
58 "Special" corrective appliances (normally spectacles) provided to meet the requirements of the Regulations will be those appliances prescribed to correct vision defects at the viewing distance or distances used specifically for the display screen work concerned. "Normal" corrective appliances are spectacles prescribed for any other purpose. It should be noted that experience has shown that in most working populations only a minority (usually less than 10%) will need special corrective appliances for display screen work. Those who need special corrective appliances may include users who already wear spectacles or contact lenses, or others who have uncorrected vision defects.
59 Anti-glare screens, and so-called "VDU spectacles" and other devices that purport to protect against radiation, are not special corrective appliances (see paragraphs 27–30 of Annex A for advice on radiation).
Employers' liability for costs
60 The provision of eye and eyesight tests and of special corrective appliances under the Regulations is at the expense of the user's employer. This is the case even if the user works on other employers' workstations. Employers are free to specify that users' tests and correction are provided by a particular company or professional. "Normal" corrective appliances are at the user's own expense.
61 Users needing special corrective appliances may be prescribed a special pair of spectacles for display screen work. Employers' liability for costs is restricted to payment of the cost of a basic appliance, ie of a type and quality adequate for its function. If users wish to choose more costly appliances (eg with designer frames; or lenses with optional treatments not necessary for the work), the employer is not obliged to pay for these. In these circumstances employers may either provide a basic appliance as above, or may opt to contribute a portion of the total cost of a luxury appliance equal to the cost of a basic appliance.
62 If users are permitted by their employers to choose spectacles to correct eye or vision defects for purposes which include display screen work but go wider than that, employers need contribute only the costs attributable to the requirements of the display screen work involved.