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#1 Posted : 19 October 2005 08:57:00(UTC)
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Posted By NDB Am I right in thinking that Health & Safety requirements in the workplace have to be supported by the potential of disciplinary action from the employer? I want to insist that all employees involved with machinery etc wear their glasses. If I make it a disciplinary issue when glasses are not worn, am I covered by law if an accident occurs when an employee is not wearing their glasses? I cannot be everywhere at once, and if an employee chooses to not wear glasses and an accident occurs I want to be able to refute any claims for compensation etc.
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#2 Posted : 19 October 2005 09:18:00(UTC)
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Posted By David J Jones I would have thought that if wearing of any PPE had been deemed a necessary control measure as a result of a risk assessment then employees must wear that PPE under "General Duties of Employees at Work". Also, does your H & S Policy cover refusal to wear PPE? Just a couple of thoughts. David
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#3 Posted : 19 October 2005 12:41:00(UTC)
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Posted By Fred Pratley As David posted, if your assessment shows there is foreseeable risk, then Eyewear is required. HSE will expecte you to enforce its use (although PPE should be the last resort)and failing to do so (as with any safety measure) will land you in hot water with them if an accident happens, or you have a visit. However, you need to explain your concerns are gain co-operation, leaving the discipline route to the last, but if thats what it takes. As regards compensation claims, these will happen and these are handled by your insurers. Your best defense against a claim being "successful" is to make sure that if the rule is brought into force, you ensure that operators are educated on the need for all the PPE deemed appropriate, and then have them sign off a simple record to confirm they are aware and have been informed. If you then need to "remind" someone, be sure to make a simple diary note as this is the hard evidence that insurers need. Trust this is of some use, Fred
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#4 Posted : 19 October 2005 13:04:00(UTC)
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Posted By Ron Hunter The answer to your question is, I think, no - that isn't enough. Particularly where there are problems with compliance which you are, or could reasonably be expected to be, aware of and you have not taken appropriate steps to improve this (and can evidence that) then you could be prosecuted (Regulation 10(1) of PPE at Work Regs). I believe there is case law on this?
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#5 Posted : 19 October 2005 13:30:00(UTC)
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Posted By Pat Hannaway Relevant case law may be Paris v Stepney Borough Council. You will also have to enforce the wearing of the PPE, othwise a non compliance with HASAWA : duties of managers, directors etc. Regards Pat
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#6 Posted : 19 October 2005 14:16:00(UTC)
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Posted By Nikki Not quite as simple as that I'm afraid. If your RA has identified that wearing of safety glasses is necessary to prevent the risk of eye injuries then yes the employees do have to wear them. But you also have a duty to train and supervise. So if an accident occurs and it's claimed that it was something never explained or enforced by management then you will still be liable. If employees are not wearing safety glasses even though they are supposed to then you need to set up a disciplinary system (usually, verbal warning, written warning, out). You might want to look at why they are not wearing safety glasses though. Talking to employees is usually the best approach.
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