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#1 Posted : 08 May 2006 17:32:00(UTC)
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Posted By Daniel Stonehouse Dear all, several weeks ago a close family member approached me for help with their companies (20 employees - half home workers, half working in a third party office) - H and S plan, files, RA's, etc. i didn't have very much to start with (almost nothing in fact), and we agreed a course of action. However since then they seem to have got very busy (i know, aren't we all!), and i have been asked would it be okay to just email a self assessment form to all of the homeworkers to save the travelling from head office to different parts of the country. I have tried to politely advise them that it is best done in person - competency, how do these people know what is required, etc. but i feel i am being asked to water down what would only ever be a basic assessment. What do you experts think out there - would it be acceptable to rely on a self assessment, and if not why not? Oh, and the other group - well, the RA's etc.for that group are on hold due to a renegotioated contract sometime this year- any comments on this? Thankyou in advance.
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#2 Posted : 09 May 2006 07:40:00(UTC)
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Posted By Steve B I used to work for a large soft drinks manufacturer, the sales force where all home based. As you can imagine one to one DSE assessments was not a viable option, the company gave each home based sales representative a chair that met all the DSE requirements and a basic desk after all the same duty of care applies to home workers as it does to office based personnel. we then had them complete a DSE self assessment and only followed up with a personal visit if the self assessment raised any problems. initially they were given money to buy the basic office furniture, but as you can imagine people left to their own devices............ hope this helps regards Steve B
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#3 Posted : 09 May 2006 07:57:00(UTC)
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Posted By Kieran J Duignan In response to your question: 'would it be acceptable to rely on a self assessment, and if not why not?, I briefly offer my reply as a CMIOSH and registered ergonomist with experience as an expert witness. If asked to report to a court on the self-assessment you propose, I would examine how well you have trained each of the employees, what model of safety management you offered them, how often and with what procedures you checked how well they were being safeguared. I would in addition to looking at the compatibility of furniture and I T equipment you provided also very, very thoroughly check how well you complied with the DSE provisions for eye health and for stress management. Bearing in mind that the court officers in a case of this kind rely very much on the evidence they receive from an expert witness, my ergonomic safety report would present detailed evidence on the degree of compliance with the detailed guidance in the DSE Regs in respect to all three classes of foreseeable injury. On the basis of what you have outlined so far, in my experience the barrister representing your close family friend would strongly advise behind the scenes that your friend's insurers should settle for far, far more than they envisaged before they read my report. # Your close family friend would find that his insurance premiums would increase to safeguard the insurers against claims by other employees who hear of the out-of-court settlement. The closeness of the family friendship would then be tested. Read available evidence on litigation about muscolo-skeletal and stress injuries before making a rash decision.
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#4 Posted : 09 May 2006 12:28:00(UTC)
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Posted By Daniel Stonehouse Thankou all very much for your replies, sometimes big sister knows best and sometimes she doesn't: in this case she doesn't but i can now show her these replies and hopefully she will understand what i have been attempting to say for months now!
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#5 Posted : 09 May 2006 12:42:00(UTC)
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Posted By Steven DSE regs state: Regulation 2(1)-(4) Guidance “Information provided by users is an essential part of an assessment. A useful way of obtaining this can be through an ergonomic checklist, which should be preferably be completed by users.” “Whatever type of checklist is used, employers should ensure workers have received the necessary training before being asked to complete one.” Its always nice to quote when trying to put your case forward.
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#6 Posted : 09 May 2006 23:14:00(UTC)
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Posted By MICK MEAD, CMIOSH Consider not restricting the self-assessment to DSE issues. I have seen cases where the employer also (following the provision of information to homeworkers) include questions on electrical safety, manual handling, security and driving. Just an idea? Mick
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#7 Posted : 12 May 2006 16:23:00(UTC)
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Posted By Daniel Stonehouse Okay ladies and gentlemen, i have just talked my close relative into agreeing to do face to face assessments on the five home workers that they employ. Then she mentions the field workers - out in libraries, the high street, prisons etc. etc. BUT thye can't possibly do risk assessments on those people - it would be too complicated! After explaining that they could potentially be at higher risk than office workers, and then pulling some hair out, then counting to ten, I am close to quitting while i am ahead! What do you kind persons suggest?
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#8 Posted : 12 May 2006 16:28:00(UTC)
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Posted By Kieran J Duignan Daniel When you write 'they can't possibly do risk assessments on them....', are you or she declaring that it is not 'reasonably practicable' to control the risks? If she is deciding that she wishes to take the commercial risk of violating employee rights to a safe and healthy working environment, a smile may be a constructive alternative to pulling your hair out. Another constructive alternative is to enourage her to pay a chartered safety and health practitioner to drive around to the sites and carry out a risk assessment with recommendations for how all relevant risks to employee safety and health can be managed within a defined budget.
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#9 Posted : 12 May 2006 16:47:00(UTC)
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Posted By Daniel Stonehouse Kieran, she is stating that "we are only a small company, very busy, i deal with H ans S all the time, whilst it is only a small part of our business" - very blase - and slightly condescending - the Boss has vetoed visits in person to assess the risks - "lots of other consultancies doing what we are doing" - i am trying to explain that H and S issues can suddenly become very large parts of their business when something goes wrong! Oh, and one homeworker lives on a narrow boat - has anyone got a Risk Assessment on that? One other point though: they intend to have all of the homeworkers up to head office sometime for a half days training - to teach them how to carry out risk assessments - on themselves! Having spent four years doing them myself, i tried to explain that it would be better for me to go to them, though it may give me chance to give them some H and S awareness and find out actually what these people do. Hey ho, its friday.
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#10 Posted : 12 May 2006 16:54:00(UTC)
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Posted By R. C. Hodson Just by reading these posts the situation seems to be escalating somewhat. Never say that you cannot assess your employees (or your friends employees) safety because you would be crucified in court should the worse happen. I strongly suggest getting in touch with a consultant. Just a thought. Ryan.
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#11 Posted : 12 May 2006 16:56:00(UTC)
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Posted By Kieran J Duignan Daniel What you describe looks like a scenario for trainee solicitors to identify how they can pick up easy money on a 'no win, no fee' basis for your sister's employees. There's a fair chance that a claim for personal injury may also be accompanied by a claim for violations of the Employment Rights Act and one or more of the Discrimination laws/regulations for which there is no statutory upper limit. Some folk prefer to learn painfully, and they're free to do so.
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#12 Posted : 19 May 2006 09:44:00(UTC)
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Posted By Daniel Stonehouse Dear all, for those that read or responded to this thread last week, just an update for you all. After the initial rewriting of the H and S policy to make it more compatible with HSE guidance, the MD asked: "so, if the H and S policy (which he had just agreed to, with several alterations)says we will carry out risk assessments, does that mean we have to do them?" Several hours later the phrase "so we assessed the risks to our workers several months ago, put in place control strategies and are doing a pretty good job of controlling the risks, but just never documented them?" Was uttered. what a change from the "we can't possibly do that!" attitude a few days before. I spent some time explaining the RA process, went through the control measures already in place and left the HSE 'five steps' documents and such like for the Director to read and to be honest could not find much to improve upon. Yesterday i recieved a draft copy of their risk assessments (not yet carried out), and they look pretty good! In addition they are going to include H and S topics in their monthly face to face meetings, and give information to all of their workers on issues such as housekeeping, DSE, manual handling, stress and fire safety. Even better they went and spent some money on several safety related items that they were aware of but were kind of putting of buying until their purchase could be truly justified. All in all, considering the way things could have turned out, a moderate success!
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#13 Posted : 19 May 2006 10:00:00(UTC)
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Posted By Glyn Atkinson Am I right in assuming that no one has ever looked at the home workers' environment for working or gone on business visits to sort out details for outline workers or negotiate the work contracts in the first place? That is the time for assessments to be done - on site, in the areas where the work is being done for a third party client. What arrrangements for third party and public liability are in place for home workers use of their own electrical and office equipment or any equipment given or leased to workers going away fron the company headquarters or office? Do the insurers know all of the current working circumstances for this type of outreach work being done ? Perhaps a solution would be to have risk assessment training given to all outreach and home workers, so that they could identify any possible problems that a practitioner on hire would be able to look at and resolve from site visits. Record all standards of safety training given, record and monitor all releveant reports that have to be done as a result of first stage assessments. As in other threads above, you look to be printing easy money for litigation lawyers if problems or accidents occur. Just my opinion from current experiences over the last six years.
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#14 Posted : 19 May 2006 10:05:00(UTC)
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Posted By Glyn Atkinson Sorry, another thought that has sprung to mind - who certifies (PAT tests) the electrical appliances and fixed electrical installations at home workers' premises? Is any form of home risk assessment done in their working environment? Do they have form of fire protection equipment in designated home offices? Etc, etc. !!! Sounds like too much reliance on others rather than being in control from head office !!
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#15 Posted : 19 May 2006 10:14:00(UTC)
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Posted By Ron Young http://www.dti.gov.uk/fi...df?pubpdfdload=03%2F1201 This is a link to guidance issued by the DTI and agreed by the TUC and CBI. It clearly states on page 16 that it is good practice for the teleworker to complete a self assessment.
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#16 Posted : 19 May 2006 13:12:00(UTC)
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Posted By Daniel Stonehouse Glynn, the answer to your response is that yes, they have looked at the working environment, put into place reasonable measures to mitigate known significant hazards (to an extent) but unfortunately not in a systematic way - and neither have they documented this. Due to restructuring the staff numbers have gone from 21 to 11. The main hazards and risks that i identified had already been recognised by the entire management team (both of them) and all homeworkers ( all nine of them), were aware of the actions to be taken to avoid, reduce or control them. Lone working, personal protection safety and stress guidance was already issued, only it was not documented in a very clear way. Some points to come out of the process were - 1. Electrical testing by a competent third party annually 2. Smoke alarms, once use fire extinguishers (instructions on the side) and basic first aid kits supplied to all. 3.In addition as already stated a series of H and S topics covered each month. 4. There will be much greater emphasis put on H and S 5. Once the findings of the risk assessments are known then further improvements will be made. With a total staff of eleven, i had to be realistic with what i could hope to achieve in two days. As for publc liability insurance etc. i did not feel competent to give advice there and it was not mentioned. I could have tried to baffle them with the regulations, frighten with the possible financial and legal penalties, show how much H and S could save their company, or just try to show them that they had done most of it any way, so a little more would not hurt - ( obviously a little more than that in real life) - the first two would have resulted in a return of the "we cant / we won't" circle the wagons mentality, the third would be very difficult to identify in this case, so the fourth option was in my opinion the best way. As i say, it isn't perfect but it is a start and shows that they are going to be doing what many would regard as'reasonably practicable'in the circumstances. It may well be that the actions they are carrying out are not adequate, and i do have some reservations, but then nothing is ever perfect - my place of work included and i believe other places are the same (except for Mark S Mark's place of work of course) - but sometimes we have to be realistic and do the best we can - the only reason any action has been carried out at all was because of my relationship with management, so i was a little constrained, so to speak. As always, thankyou for your input.
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