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#1 Posted : 13 June 2005 13:05:00(UTC)
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Posted By Cr8r We used to have a system of vouchers for DSE payment, one for the eye test and £55 towards glasses. However the finance director has decided to abolish this on the grounds of bringing it into line with other expenses and therefore personnel have to claim this back through a combination of petty cash (up to £25 only) or a cheque request (minimum 2 weeks before you get the money). My question is, on reading the regs, it doesn't actually say whether this is ok or not, just that the company has to pay. As you will imagine, there is a lot of backlash from the personnel as not only are they potentially paying £75 up front, but it's a big hassle for them too, especially the ones that aren't based at this site. Has anyone else come up against this, is it ok to make employees pay first and claim the money back? I would be very interested in your views, as I would like it to return to the old method where I had more control of what went on and the only hassle was for me to get the vouchers in the first place. This is causing a lot of hardship to some people and the obvious repercussion is that people will not be getting their eyes tested at all.
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#2 Posted : 13 June 2005 13:53:00(UTC)
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Posted By Ron Young Don't see the problem myself. There is nothing in the Regs to say that you have to get a contribution before you buy. I don't understand why it's more hassle to claim back a contribution and if you keep proper records, I don't see where you would have more or less control. My advice is to let it go and change your system to accomodate the new practice
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#3 Posted : 13 June 2005 13:58:00(UTC)
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Posted By Michael Hayward I have never come accross this one, but I guess he would have a hard time justifying DSE stuff as an "expense" - after all it not like claiming for a lunch with a client. DSE specs are PPE and therefore must be provided free of charge - would he expect a guy off the shop floor to buy his own hard hat, and then put an expense claim in? Cheers Mick
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#4 Posted : 13 June 2005 14:02:00(UTC)
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Posted By DW I think asking someone to pay up front would discourage an individual from getting the equipment at all. Especially if there is a period to wait to reclaim the money back.
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#5 Posted : 13 June 2005 14:03:00(UTC)
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Posted By jason telford The regs state The duty is to provide a test where a user requests one It also goes on about the company arranging a particular optometrist or allowing the user to make their own arrangements and reimbursing the cost afterwards using vouchers or any other means But honestly what’s next your company telling staff they have to pay up front for all the PPE required and claim the money back (i think section 9 haswa may be Contravened) In my opinion if I paid £50 for a test I would want the money paid back in one go and not £25 a time
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#6 Posted : 13 June 2005 14:09:00(UTC)
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Posted By Jonathan Breeze Cr8r, You are correct in saying the guidance is silent on this issue. However, I would suggest that management have made the mistake of Deciding to change the policy; Announcing that decision; and then Defending the decision against all costs. This is exactly what happened in the Shell Brent Spar fiasco where a perfectly reasonable solution had to be ditched because of a failure to consult stakeholders early in the process. Consultation with staff, unions, and other relevant parties early on is the key here. I suspect if this had been done you might not have been in the situation you now describe. Ironically our DSE policy also only pays up on submission of a valid receipt for eye tests & specs. However we did go thorough consultation (it was boring to the point of despair) and top management only got involved at the point of final approval.
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#7 Posted : 13 June 2005 14:14:00(UTC)
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Posted By Cr8r Ron, the problem is that I have less control over the situation than before. Initially, there was a system where they filled out a small DSE assessment which they had to return to me to get the eye test voucher. This flagged up to me any problems they might have. When they went with their voucher to the optician, the optician realised it was work related and supplied them with the appropriate form if they qualified for spectacles. The situation now is that they just go for their eye test, think they're getting paid for the glasses as well, phone me up for payment, realise they may/may not qualify, get annoyed, realise it'll take a couple of weeks, get annoyed, plead poverty, etc, realise they don't have proof from the optician, get annoyed, etc etc etc. I don't know if they have any problems in their area, I don't know until people ask for payment that they've even been for an eye test. I feel DSE should be treated differently to other expenses but I need legislation to make it so.
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#8 Posted : 13 June 2005 14:14:00(UTC)
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Posted By Jonathan Breeze Jason, Technically, I don't think DSE spectacles are classified as PPE under the PPE @ Work Regs. Also S9 of HASAW Act would only be relevant if the company failed to pay up following submission of a valid receipt. Discuss...
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#9 Posted : 13 June 2005 14:16:00(UTC)
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Posted By Richard Chalkley I would say that any policy which acted as a discouragment towards staff would contravene the regs. The duty is on the employer to comply with the regs. I reckon personally that there is a strong case to return to the old system, staff should not have to be out of pocket even breifly. Richard.
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#10 Posted : 13 June 2005 14:18:00(UTC)
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Posted By Cr8r Jonathan, There was no consultation. I put an order in for vouchers, the order got cancelled, as the policy had suddenly been changed. End of consultation. Plus, employees all think I changed the policy 'cos I'm fairly new and it's been voucher system for years.
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#11 Posted : 13 June 2005 14:21:00(UTC)
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Posted By Richard Chalkley What about the regs on consultation with employees folks? Richard.
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#12 Posted : 13 June 2005 14:28:00(UTC)
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Posted By Ron Hunter So how does the employer know if the correct service is being provided, indeed how could he demonstrate that the legal duty is being discharged at all (you seem to be leaving it somewhat to chance that testing appropriate to VDU use will actually be done)? Parallel arguments above re PPE have merit - if everyone buys their own (e.g.) boots, how does the employer ensure they are to a satisfactory standard? I suggest you need to impress on your Financial Director that this is not an employee incurred "expense", rather a legal requirement on the employer to provide!
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#13 Posted : 13 June 2005 14:30:00(UTC)
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Posted By jason telford Let’s say you work with chemicals and DSE equipment You need corrective glasses for the DSE and you also need the glasses to offer protection against splashes, so you also ask for splash guards to be fitted So technically these will now form both corrective specs for DSE and safety specs for splashes Now do these glasses firstly become a form of PPE and would they fall under section 9
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#14 Posted : 13 June 2005 15:00:00(UTC)
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Posted By Jonathan Breeze Richard, Fair point and one that was in fact raised during the consultation. However, at the time it was agreed by all concerned that the policy was far clearer than the one it replaced, and that the act of consultation demonstrated the company was not attempting to obstruct staff. The policy was also submitted to the regulatory authorities who made (unofficial) comment at the time and appropriate amendments were included. Cr8r, worse luck! Like I said, consultation is very important and even a regulatory requirement in some circumstances (as pointed out by Richard). See Safety Reps & Safety Committees Regs 1977 and H&S (Consultation with Emps.) Regs 1996 and check their applicability. Ron, we get a signature from the employees optician (as the competent person) confirming the nature of the eyetest & any appliances. Jason, in that circumstance - yes PPE Regs would apply and you would have to formulate any policy carefully. However it did not apply in our circumstance. I still question whether S.9 of HASAW applies if any fee paid by the employee is reimbursed according to a formally laid out policy or procedure which is followed. We will probably consider that one again during our consultation & review process.
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#15 Posted : 13 June 2005 15:56:00(UTC)
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Posted By Geoff Burt I'd agree with the first response on this by Ron. If the money is being reimbursed then what's the problem? Even if it were to be classed as PPE, as long as the money is reimbursed then fine, so what?
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#16 Posted : 13 June 2005 16:00:00(UTC)
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Posted By Gerry Knowles It may seem simple but we asked the employees what they wanted to do. We offered a number of options and the outcome was that the majority were in favour of seeing their own optician and reclaiming the money. As a concession we did say that we would arrange an advance of cash for anyone that wanted it. As yet no one has asked for and advance. Gerry Knowles
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#17 Posted : 13 June 2005 19:28:00(UTC)
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Posted By Frank Hallett All this agonsising over how you get reimbursed is less relevant than the core of the statement which indicates that an upper limit is set for reimbursement. Eye corrective equipment required specifically for use at a dispaly screen under the DSE Regs is covered in full by HSWA S9 and any payment of less than the amount spent is a criminal offence! Frank Hallett
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