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jeep  
#1 Posted : 04 February 2014 17:46:48(UTC)
Rank: New forum user
jeep

Looking for advice, had a disagreement with executive team managers regarding my request for a new "home" office chair. I was informed as a home worker I must provide my desk / chair, it is believed to be company policy. As the HSEQ Manager, I was rather struck for words, as you can imagine, especially having been a home worker since 2001. This was implemented mainly due to my central location, that has advantages for attending in house and or customer concerns throughout the UK as HQ is based in the South West. I believe legislation is on my side, welfare - lone working - fire - DSE to name a few, but would love to hear a simple answer.
westonphil  
#2 Posted : 04 February 2014 22:42:22(UTC)
Rank: Super forum user
westonphil

"If my employer gives me a laptop to work at home, what else do I need to consider? Answer: Your employer is *not* obliged to supply you with a workstation but should provide suitable advice on the safe use of the laptop. If your employer supplies you with workstation equipment through local arrangements (i e providing a chair or desk), they are required to ensure that the equipment meets the DSE Regulations, e g the chair or desk is stable and adjustable, and a footrest is provided if required." (HSE) That would seem to suggest it's down to a negotiation between you and your employer and not a legal requirement. If the policy was in place when you joined the company then their argument would likely be that you accepted the policy and so legally it's in their favour. I do not say that makes it morally right, as I do not know the agreements between you and your employer; here we only have you say on it and not theirs. Regards.
bob youel  
#3 Posted : 05 February 2014 08:43:37(UTC)
Rank: Super forum user
bob youel

All employers are obliged to provide what is safe and proper irrespective of any T&C's noting that specific T&C's must comply with the law and not the other way around I would say that you need to consult your policy for guidance [I will be supprised if one exists] noting that I advise that laptops should only be used for short term less intensive work in a proper environment as against long term intensive works in an improper environment e.g. sitting on the stairs at home leaning over a laptop that is balanced on a knee is not a proper environment! The problem we have is that standards are dropping all the time, people are strugging for work and laptops are seen as a fashion item in some way so people act accordingly as against using desk top computers In the end if you are not happy then do not work at home Best of luck
imwaldra  
#4 Posted : 05 February 2014 09:00:02(UTC)
Rank: Super forum user
imwaldra

Lots of useful advice and further references in the IOSH Guide 'Out of sight out of mind', available via the Resources tab above. No specific mention of chairs I think, but there is of workstations in general - not surprisingly it will all hinge on your workstation risk assessment!
Frank Hallett  
#5 Posted : 05 February 2014 10:14:56(UTC)
Rank: Super forum user
Frank Hallett

hi jeep - Given your identified position, I do find this somewhat ironic! There are several issues or contentions with the current HSE Guidance for DSE compliance! First, please remember that the DSE Regs themselves do not exempt any form of equipment or location. The definition of what category of work satisfies the "User" definition remains difficult to aply without arguement arising - there is an assumption here that you are considered a "User" for the purpose of this response. The Guidance remains unclear on portable devices that can print remotely. The HSE have publicly admitted that they consider that the DSE Regs do not address modern equipment or practices effectively. The Guidance identifies that a relevant person may be working from home; but then almost absolutely ignores how a "home-worker" will ensure compliance with such topics as seating. If the employer refuses to directly provide, or pay for, appropriate seating where they require the employee to work from home, there are several ways of addressing this problem - I shall simply identify that I believe that it is legal [via HSWA Sect 9] to acquire the chair and either "back-charge" the cost to the employer or submit a claim via the HMRC for the costs of purchasing and maintaining the chair [which is necessary for your work] to be set-off against your personal tax allowance, if you actually pay tax. Neither will be easy! Good luck Frank Hallett
jay  
#6 Posted : 05 February 2014 20:02:02(UTC)
Rank: Super forum user
jay

Agree with frank that HASAWA Section 9 is the ultimate duty of employer "Not to charge anything ......" and in order to comply with DSE Regs if you are a user, irrespective of the work-location. In our organisation, provision of full workstations is limited to those whose contract of employment includes working from home, but not to those who choose to work from home either very occasionally or regularly, say once a week or once a fortnight primarily for their own benefit to balance work/home life or reduce commuting .
westonphil  
#7 Posted : 06 February 2014 14:04:06(UTC)
Rank: Super forum user
westonphil

Jay, obviously your company is working in a more positive way and so good for that. I have no real issue with your second part but would like to ask you a question about it because of the way I read it.....so it's just a question for discussion and not a criticism! If in the second case someone chooses to work at home for their own benefit are they not still at work in which case the law still applies? You seem to be saying that the employee chooses to accept the risk and so it is ok. The employer has allowed the employee to work from home. Regards.
jay  
#8 Posted : 06 February 2014 17:22:44(UTC)
Rank: Super forum user
jay

When an employee chooses to work from home for short periods, we provide guidelines for safe working, but do not provide the table/chair or costs. Yes, they are "at work", no question about that. We are being "practical" to support the employee working from home primarily for their own benefit. Regarding accepting risk, it is low, although some of the effects could be longer term health related ones. Having said this, a significant proportion of population is likely to use PC's, Laptops, Tablets and similar devices outside work in their own homes, therefore the long term health related risks are not exclusively work related. If push came to shove, then we are likely to review such home-working
Frank Hallett  
#9 Posted : 07 February 2014 09:43:52(UTC)
Rank: Super forum user
Frank Hallett

Hi Phil; and also Jay. The last 2 posts are actually discussing the area that I identified in relation to being considered as a "User" for DSE. Always contentious and open to challenge as soon as you exclude someone from the "User" category. Ensure good definitions of your Corporate Policy that defines who is, and who may not be, a "User" for DSE and take it from there. Please note how I've worded that statement! Frank Hallett
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