Posted By GSP
Its guidance not law ....so no they couldn't refuse to work but i guess an assessment of the situation would need to take place and suitable PPE provided if they were being forced to stay and work in the cold environment....hopefully an employer would use their common sense in the first place and send people home on pay unless the process/cycle the employee was carrying out was essential or couldn't be stopped straight away.

Posted By Alan Hoskins
RISK ASSESSMENT - GENERAL / TASK

LOCATION: WORLDWIDE

TASK: DELIVERY OF GIFTS TO CHILDREN AND ADULTS WHO HAVE BEEN GOOD ALL YEAR!

Ref No: Santa/RA1//04

DATE: December 2006

ASSESSOR: Elf N Sleighffty

JOB TITLE: Santa’s Little Helper

REVIEW DATE: December 2007

Manual Handling:
The loads may be heavy, awkward, load liable to shift
Use correct techniques as per training
May require 2 person lift (get elves to assist)
Park sleigh as close to chimney as possible

Confined Spaces (Chimney):
Strict diet regime 1 month prior to Christmas
Ensure safe access/egress
Ensure sufficient working space in void
Have means of contact available to call to elves for help (Santa phone)

Lone Worker:
Plan route and leave details with Mrs Claus and elves
Means of contact (Santa Phone)

Burns (from fires/embers in hearth):
Don’t enter chimney where smoke is discharged as fire may be lit in hearth
Use alternative means of access, e.g. front door using universal Santa Key
Ensure door locked on exit as per Community Safety and Police guide
Consider discharging extinguisher /bucket of water down chimney – that’ll serve them right for being so stupid!

Zoonoses (acquired through working with reindeer):
Animals supplied from reputable supplier
All Reindeer to undertake health assessments prior to 25th December
Rudolf’s nose in effective working order (glowing bright red)

Work at Height:
Time constraints do not allow use of fall arrest equipment
Park sleigh in correct manner (preferably over ridge)
Keep away from leading edge
Apply brake to sleigh
Ensure adequate tread on wellies
Reindeer fitted with enhanced grip shoes

Exposure to Hazardous Substances (soot):
Where excessive soot noted, use alternative means of access (see 4 above) if not your suit will be ruined! (reminder: 1 month prior to Christmas request chimney cleaned prior to 25th December).

Slip, trip or fall:
Plan route
Avoid obstructions
If falling, lean forward and fall onto front where extensive Santa tummy will minimise any injury
Where pathway not cleared leave a note for the lazy ‘b’s to advise they will not be on Santa’s list for the following year!

Hypothermia / Heat Stroke:
Rain, snow, ice
Heat effects in Australia
Suitable PPE, Fur trimmed suit, thermal gloves, thermal socks inside wellies, Santa Hat
Change into solar reflective suit and wear high factor sun cream for southern hemisphere (not required during the hours of darkness)

Food Poisoning/Alcohol effects:
Mince pies
Cookies
Sherry
Also Reindeer may be affected by too many carrots (leading to flatulence)
If house looks like it should be on Kim and Aggie (how clean is your house) (UK TV) then avoid eating/drinking at all costs. You may wish however to remove and dispose of the items to reduce risk of offence which may in turn lead to threats to personal safety. Disposal should be undertaken in accordance with your duty of care (may require Special Waste Consignment Note)

Work Equipment:
Selection and use of appropriate work equipment. (sleigh runners, harnesses, ropes, braking system, visible and audible systems).
Ensure all equipment is maintained by authorised & competent person
Ensure equipment certification is in order (MOT)
Ensure Santa has certificate of competence to operate equipment.
Use incident form data to analyse whether further training is necessary.
Ensure sufficient wax applied to runners
Remind Santa to record all accidents, incidents and near misses as this will enable Risk Assessments to be revised

Collision/struck by other airborne vehicles:
Register flight plan with air traffic control

Personal Safety:
Check with foreign office regarding ‘unsafe areas’ e.g. wars and civil unrest.

MERRY CHRISTMAS

Posted By Raymond Rapp
Is it winter?

The HSWA 1974 makes it clear '...the employer shall ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees' and Section 2(1)(e) also applies. However, the strict liability has a defence in Section 40, the test being one of foreseeability - Mailer v Austen Rover Group plc [1989] 2 All ER 1087.

Therefore if employees believe they are being unduly affected by cold temperatures which could compromise their health or welfare, they would be entitled to invoke Section 2(1). Very subjective I know, but that is the nebulous nature of the law.

Ray

Posted By DavidW
Chris

Don't mean to hijack the thread but just thought I'd say Hi from a balmy UK. I have a friend who has done some environmental work in Sakhalin and know how cold it can get.

On the original point, I guess it depends on the type of work being done. If it's an office environment with people sitting at desks or similar then if the heating is down for any length of time I think the employer should send all but essential staff home on ful pay. It's not their fault the system is not maintained.

David