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#1 Posted : 25 May 2006 13:22:00(UTC)
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Posted By Lyndon Sutcliffe We have been operating a quite liberal DSE policy, where all DSE users have been provided money for eye tests and so called 'corrective appliances'. This has been done on trust between managers in the past, and we are finding out that there have been cases where glasses have been provided our organisation for non DSE work. Some of the recipients are also no longer wearing them whilst at their workstation. I have two issues really, these are: Optometrists, in our opinion rarely seem commit or provide proof of their patients' need for 'corrective appliances' on the grounds of DSE work only, has anyone else encountered this? And also we need to know the legal viewpoint in situations where we have provided 'corrective appliances' and they are not being worn now, can we enforce them to be worn (like we can PPE etc.) ? We are only in a small office but I would imagine that this is a bigger issue in call centres etc. Any feedback would be welcome.
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#2 Posted : 25 May 2006 13:38:00(UTC)
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Posted By Kieran J Duignan Lyndon There appears to be a syntax error in your first question which makes it difficult or impossible to understand Regarding the second one, you face a trade-off between cultural issues about the 'climate' you want to maintain and 'governance' responsibilities towards the various stakeholders. In other words, you may not want to appear heavy-handed (a cultural issue), yet you need to safeguard the employer against legal action against them, based on abuse of trust. H R face such dilemmas in most organsiations most days. I suggest a three-step approach 1. make a general written annouccment in diplomatic language through whatever medium seems fitting, to underline the employee's responsibility to use the protection provided 2. manager should make the point genearlly at a staff meeting within a week of or at the same time as 1 3. send a written notice to non-compliant individuals within 10 days, advising them formally that they are in breach of the DSE Regs 2002 and that this is being recorded on their Personnel file and the employer has fulfilled its statutory responsibility and they are legally obliged to do likewise. 4. raise the issue as part of the annual appraisal of any non-compliant individual. To take it further may not be commercially or 'reasonably' practicable - and you have a written record to respond to any claim for personal injury damaages.
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#3 Posted : 25 May 2006 16:34:00(UTC)
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Posted By Ken Dickson Lyndon, To address what you appear to be asking in your first question. Unless the corrective devices, lets call them glasses for simplicity, unless the glasses are required specifically for DSE work, you are under no obligation to pay for them. Therefore unless you have that confirmation from the optometrist, probably in writing via the employee, you need do nothing. In the DSE Regs, it is the employees right to claim it, not your duty to provide it. You should also have internal guidance on what costs will be covered by the company to limit people being reimbursed for Gucci frames with tinted, coated etc lenses. On the second question, you may need to swallow what has happened in the past. If you have no records that the glasses are required for DSE work, how can you insist on them being worn? Possibly best to start afresh from now and chalk it up to experience.
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#4 Posted : 25 May 2006 16:50:00(UTC)
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Posted By Ken Dickson Also… This should be kept in perspective. This is not so much a safety issue, this is re-establishing control of something that has gone a bit out-of-tilt. Your response should be proportionate.
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#5 Posted : 25 May 2006 17:04:00(UTC)
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Posted By Lyndon Sutcliffe Thanks for the replies. Sorry about the ambiguous, ill prepared question that I asked, but I think you got what I was actually trying to get at. I prefer the second response but a simple comparison between both responses just goes to show that these issues are not always straightforward. I am in the throes of clarifying our policy and drawing a line under the past. Lyndon
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