Posted By warderic
I was told by a friend today that his company has told him he must not work from home in his own time because of "Health And Safety Regulations" and risk assessments would need to be carried out which they are not prepared to do. I'm sick of people using H&S as an excuse when they cant find anything else to justify their silly decisions. This person uses their own PC to do bits and peices which can be done better from home. The work is carried out now and then and no extra payment is given, he does it because he is that type of person 'dedicated to his work' probably like many of us. He asked me if there are requirements for risk assessments to be carried out. My answer in a nut shell; its you equipment being used in your home. Its better your company concentrated on significant risk on their own premises then trivial risk which have nothing to do with them. Obviously my opinion would be different if he was using machinery or moving heavy loads etc and this was supplied by his company and part of his contract, but in this case it is just ridiculous.

Posted By warderic
No that's a good soap box keep, on it.

Posted By Pete Longworth
The question is, is the employee doing work at home that is a normal part of his job and is sanctioned by his employer. If the answer is yes then his employer's duty to supply a safe place of work extends to all areas where he would be expected to work including his home. So yes they are perfectly in order to say to him that he shouldn't work at home because of the reasons described and no amount of hand wringing, wailing and gnashing of teeth will change that. It may sound trivial but that is the reality. There are a growing number of home workers and teleworkers in the workforce and they need to be seriously considered. Suppose for instance this chap decided to work at his computer for a couple of hours a night at his kitchen table, who would be liable if he developed back problems due to using a seat without adjustable lumbar support? It would be the employer who allowed him to conduct such work in the first place.

Posted By warderic
Pete, there is a big difference if using company or personal equipment. Company equipment I would agree with you. Personal equipment is nothing to do with the employer providing they haven't said you must do this work from home.

Posted By stephen d clarke
Hi,
I think the key point here is whether the home working is formal, using company equipment, in which case best practice would be for a RA to be carried to ensure the employee is at no greater risk than fellow employees at work - to my knowledge it is done at the places I've worked at. If its informal, own equipment, as most of us do to keep heads above water, then typically no RA.
Steve

Posted By Swis
Chris,
If you use your company laptop in a 'hotel room' every day on a longer period then I'm affraid you remployer need to carry out a risk assessment. (by the way, we are talking about a home based employees here, not one off session)

Posted By John Richards
http://www.hse.gov.uk/pubns/indg226.pdf

Posted By Swis
Have you guys ever come across ACOP L26 on DSE

It states that If a DSE user is employed to work at home, or at any other locations away
from their main base, the DSE Regulations apply - whether or not the workstation is provided in whole or in part by the employer.

However, If it’s practicable for the employer to send someone to conduct a risk assessment for home workers, employer should train such workers to undertake their own risk assessments.


I'm affraid if your employer can't reach a 'hotel room' then that doesn't mean regs don't apply.

Posted By Chris Packham
Indg226 states: "Homeworkers are those people employed to work at home for an employer." I would take this to mean those persons who work exclusively or primarily at home and not necessarily those whose primary place of work would be the office or factory but who may do work away from home from time to time.

If we are to apply this to every person who uses a laptop away from the office I think we are going to bring much of the UK to a halt.

For example, I am with a client. I get out my laptop during a meeting. Must my employer first carry out a risk assessment of the client's meeting room.

I hardly think that this is what the law intended, or am I just naive?

Chris

Posted By Swis
"You need to compare the ACOP practice with the general advice given by the HSE"

HSE meaning- Health and Safety Executive (I hope)

Please note that ACOP and INDG mentioned above are both published by HSE.

Also one of the most senior people at IOSH have also have made reference to these.

Chris, regs only apply to employee who habitually uses display screen equipment
as a significant part of his normal work.

Posted By Jay Joshi
Refer to the excellent IOSH guidance on teleworking at:-

http://www.iosh.co.uk/in...echnical.details&scid=12

There are no specific answers,. For example, if there is a workforce with large number of laptop users, neighter working in an office nor at home, the outcome of the assessment is most likely to be adequate training so that the laptop use can be as ergonomic as possible, perhaps including some time limits if practicable!

Posted By warderic
I think I will agree to disagree with your comments Pete and leave it to case law; should there ever be such a case regarding risk assessing your own equipment in your own home. Many thanks for all the comments, at least it woke some of you up, now get on with some real work.