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#1 Posted : 20 June 2005 15:32:00(UTC)
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Posted By TouchBasehse Hi folks, I work in a large company looking after office areas. We have contract staff all P.C. workstation based working in the office with permanent members off our own staff. The contracts department sort out the Ts / Cs for them and this is my problem. We have a duty to carry out DSE assessments on all office staff including contractors. If after assessment we need to supply a special chair for the contractors who in law should foot the bill, the Contractors Company or my Company or is down to the contract. Regards David
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#2 Posted : 20 June 2005 15:55:00(UTC)
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Posted By Ron Hunter Could you clarify what you mean by 'special chair'? My understanding (from DSE REgs) is that you are not responsible for eyecare tests/specs for agency staff. In all other respects,a common standard of compliant workstation standard for furniture, hardware, software and environment would be readily achievable?
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#3 Posted : 20 June 2005 16:11:00(UTC)
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Posted By TouchBasehse Sorry Ron, if there are problems with the individual on the workstation assessment My Occ Health dept may send out a physio who may, tell us to get the person a special chair, tailor made for thier condition.
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#4 Posted : 20 June 2005 19:03:00(UTC)
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Posted By Frank Hallett Good afternoon David You're referring to "Contract Staff" and "Contractors" as if the two terms are interchangeable; but they aren't. You also imply that there is a potential "disability" issue. "Contract Staff" will generally fall within the definition of "Employee" as it is normally your employer that is responsible for paying, training, supervising, providing eye tests etc until the contract expires. "Contractors" are usually recognised as being truly self-employed or the employee of another and are providing services as part of a Contract for Services rather than a Contract of Service. It's only a technical difference in your situation though as the DSE Regs require the "host" to provide workstations [inc chairs] that are suitable for the individual that will use them Once you've worked out which of the above applies, don't foget to now consider the Disability Discrimination Act which may require you to make "reasonable adjustments" to ensure that even someone over which you have no direct control is provided with suitable work equipment which is always going to be the responsibility of the controller of the workplace. Have fun Frank Hallett
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#5 Posted : 21 June 2005 14:50:00(UTC)
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Posted By Ron Hunter OK Dave, see where you're coming from. Haven't ever had to provide a custom built chair. Ocassionally have to provide a different, but commercially available chair, which obviously has future use for other employees. Ocassionally, people with mobility problems may need (e.g.) chair where wheels/castors are capable of being locked, etc. I have to agree with previous post re DDA. If it can be construed that there is a contract of employment, then your employer is responsible (and liable!)
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