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#1 Posted : 18 July 2005 14:27:00(UTC)
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Posted By Richard Chalkley Scenario, Employee makes a coffee for themselves on their break by heating up milk in their mug in the microwave. On removing it superheats, boils over and badly burns their hand. Employee off / unable to do full duties for 3 days and counting. Does the 'on break' bit mean that she was not effectively at work? Opinions appreciated. richard
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#2 Posted : 18 July 2005 14:36:00(UTC)
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Posted By Melanie Harrison Unfortunately as this is a normal part of her working day I would have thought that this is very much an accident at work and therefore reportable. We had a similar incidence in our Canteen where an employee received a severe scald.
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#3 Posted : 18 July 2005 14:38:00(UTC)
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Posted By Eric PD I stand to be corrected but.. no . same legal duty to her when she is on her break on your premises. If she had had the same accident in macdonalds on her break then it may be different. Assuming this happened on your premises using your equipment ( ie microwave) then you should report it.
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#4 Posted : 18 July 2005 14:40:00(UTC)
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Posted By Richard Chalkley Thanks guys. I'll report away and see what is said. Next question though, control and preventative measures? I have already had the 'Bonkers Conkers' response from mamangenet of 'remove the microwaves'. Any better suggestions? Richard.
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#5 Posted : 18 July 2005 14:46:00(UTC)
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Posted By Eric PD zoot alores! put a sticker on the microwave that says ' allow 30 seconds after the bell rings before removing your grub/ drink' You are legally obliged under the Workplace Regs to supply a means of heating food so if you get rid of the microwave you would have to replace it with a cooker! I'm not sure - but is there a microwave on the market that has a timed door release mechanism like that on a washing machine?
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#6 Posted : 18 July 2005 16:30:00(UTC)
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Posted By J Knight Davidson v Handley Page Ltd 1944 says it all; 'all acts normally and reasonably incidental to an employee's daily work.' This is, I know, what people have already said, I just happened to have my Tolley's HS&E Cases to hand and I remember looking this one up recently. As for the bonkers conkers management; could you remove them? More practical steps would include posting some instructions on or near the microwave, or maybe checking out people's knowledge of the hazards and filling in the gaps, John
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