Rank: Forum user
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Morning all
We frequently send employees on long term secondments to our clients (usually six months minimum). The work is solely office based, with extensive dse use. My question is this; what level of duty do we retain to these employees whilst on secondment, with particular regard to dse workstations.
We have one employee currently on secondment who has a history of ULD's closely linked to dse use. We have made extensive changes to the workstation in our offices and worked closely with our OH providers to manage the condition. The employee is now based at a clients site but has been noticing her conditions flare up. She has taken some of her equipment with her (short keyboard, evoluent mouse and wireless telephone headset); but the client did not permit the chair to move with the employee (no valid reason that I can guess, other than it doesn't fit aesthetically with their existing furniture). Does the client take over full responsibility whilst our employee is there, or do we retain the duty? The client is not being very forthcoming in assessing and adjusting the workstation, so I'm keen to know where we stand and whether I can put pressure on to ensure her conditions are managed more efficiently.
Hope that makes sense!
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Rank: Guest
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I would suggest taking a look at Reg 12 of the Management Regs, followed by Reg 11 of the Workplace Regs.
In the latter, para 82 of the ACoP states 'workstations including seating, and access to workstations should be suitable for any special needs of the individual worker, including workers with disabilities.'
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Rank: Super forum user
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Why are you looking to pass the responsibility onto the host employer? Why not speak with the host and agree action to address any problems with the DSE. It is the host who has to completed the DSE assesment but who provides the required kit depends on the terms of the placementreally. Is it for the hosts benifit or the main employer? Look at how you manage temps and follow a similar process.
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Rank: Super forum user
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There is a shared duty Stephen. I believe your client (the host employer) needs to be advised of the valid reasons why the individual's chair must accompany her. As long as this does not incur cost to your client I would hope they would be understanding and accommodating.
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Rank: Forum user
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Thanks all. I'm not looking to pass the responsibility Bob, I wanted to know whether we retain our duty of care to the employee whilst she is on secondment so I can apply pressure to ensure that the required standards are met.
Ron - thatnk you for confirminig my thoughts that the duty would be shared. I've provided their H&S person with an overview of the employer's occupational health history so hopefully things can get sorted.
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