Posted By Claire T
Hi, I would really appreciate anyone's help.

The company I work for have moved into a brand new building (just built) and my desk is right by the main door. When anyone walks past the floor shakes and my computer moves up and down. It is really making me feel sick and I have noticed that I am getting really really bad headaches. As I am by the main door this happens every few minutes. Does anyone know if I have any rights under health and safety law to get moved to a better desk. I don't think they will move me if I just ask because I will be away from the team. Anyone's help would be great. Thanks in advance, Claire.

Posted By Steve B
Claire, we had a similar problem with a new refurbished block (2 storeys) the upper floor was converted into a large open office area. Anyway, when people were walking about the floor moved, only slightly but made desks rock a little and cause some sickness and discomfort for some of the users. basically it turned out to be an engineering problem, the calculations for the floor loading were slightly out (not unsafe) but enough to make the floor area a little wobbly for want of better words. the contractor and designers were brought back to take a look and accepted it was a problem. they installed further braces and eradicated the problem.

Answer your question, yes you do have rights HASAW S2(2) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work. however if it is a big office space and you are the only person making this complaint it would be difficult to make a lot of engineering changes "reasonably practicable" I would suggest you ask your colleagues how they feel, safety in numbers and all that. sorry I could not give you a definitive answer.

good luck
Regards
Steve

Posted By Claire T
Thank you for your replies, I might approach my manager tomorrow and explain the situation and see if I can find a solution. Everyone has been complaining but the said they will deal with it. I have thought about taking travel sickness tablets into work but surely this is a health and safety issue?

Posted By BB
Call me cynical but this does sounds like an excuse to get a better positioned desk to me.

Headaches due to wobbly floor?

Good luck.

Cynical.

Posted By Granville Jenkins
Hi Claire

You have my sympathy, I have had to investigate a couple of incidents where staff have been badly affected by 'shaking' in the floor which has led to vibrations at their work stations and through their chairs, which have had quite dire health affects.

The first thing you need to do is bring the matter to the attention of your line manager and see if the desking arrangement can be altered to move you away from the affected area - something that in all respects would be deemed to be a 'reasonably practicable' measure given the impact on your health, either that or change positions with a colleague (and see how they get on!)

As mentioned in a previous response your employer has the duty under section 2 of the Health and Safety at Work etc. Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees.

There is also a duty under section 12 of the 'Workplace (Health, Safety and Welfare) Regulations 1992, which states that 'every floor in a workplace shall be of a construction such that the floor is suitable for the purpose for which it is used'.

If this is a recent refurbishment get the designers back to resolve the problem (as per earlier response).

To all intents and purposes what you are experiencing are vibrations as the floor deflects under the load of the people walking across it, and the inertia created in the floor is possibly something akin to a small swell in the ocean which is just enough to make some people sea sick, whatever, this phenomena should not be experienced and would suggest that the floor is being overloaded. The services of a structural engineer should be employed to determine the safe loading for the floor and also the load that is currently being placed on the floor, it may be that there is too much weight being placed on the floor.

If your employer is not prepared to take any action you could give your friendly HSE office a call and see if they can offer some assistance, or if you belong to a 'union' get them involved, whatever you do, you should not have to 'put up and shut up'!

Regards
Granville

Posted By Merv Newman
Granville and other posters are quite right. You employer has a duty to ensure adequate working facilities. However, I once visited an old plant where managers offices (few visitors) were converted to open plan (lots of visitors) They too had the wobbly floor problem which was solved by turning all desks 90° Odd, but it worked.

Merv