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I've just had a query about BYOD. Who (employer or employee) is responsible for what in terms of compliance with regs, specifically DSE? I'de be interested to know what other organisations do here, as I think I could answer the question in several different ways. So that leaves me feeling confused. Any help gratefully received as always,
John
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I don't have an answer, but a thought - is this a case of back in 1992 the DSE legislation was fit for purpose.
In my view, the DSE regs were not originally designed for tablets and smartphones and trying to apply the regulation to these devices ain't gonna work.
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Rank: Super forum user
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Rank: Super forum user
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safetyamateur wrote:OK, I'll ask.
BYOD?
I think it's "Bring Your Own Device" - using your own 'equipment at work
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This is very murky from the legal point of view. It was assumed back when the 1992 DSE regs were introduced, that any devices would be supplied by the employer. Now it seems that some employers are ok with BYOD, and some seem to be expecting staff to supplier their own kit. This leads to some concerns with employees buying the cheapest devices that they can get away with and often these might not be suitable for the tasks that there are being asked to do. I would not like to write up a ten-page report on a tablet. I guess most of the time people are being sensible- a tablet being used to store/retrieve pieces of information, mobile phones for sending images etc but we don’t really know what is going on and the old regs do not help. Furthermore, since the changes to legislation in relation to the right to sue for breach of statutory duty came into force employees can no longer go after employers who expect them to use inappropriate kit. I cannot imagine that the HSE will be that bothered with this; they have bigger fish to fry like keeping themselves in existence.
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Alan Haynes wrote:safetyamateur wrote:OK, I'll ask.
BYOD?
I think it's "Bring Your Own Device" - using your own 'equipment at work
Cheers, Alan.
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Yes, Alan is right, sorry about that :-)
Thanks for all the responses so far; seems I'm right to be unsure of my ground here,
John
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I think you would struggle to get a uniformed answer here, but I am leaning slightly towards; If the employer is asking/allowing BYOD for work uses then I would suggest that they have a responsibility to assess the items for DSE.
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Rank: Super forum user
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When HSE were devising the 1992 DSE Regulations some 25 years ago I guess that those involved were just responding to issues posed for workpeople sat using what were then conventional non-portable computers with screens and keyboards on desks. As it's unlikely that they envisaged the arrival and widespread use of tablets, smart phones and other portable devices with small screens and tiny buttons or pointer devices as input systems, trying to apply the 1992 Regulations to such devices seems totally futile.
In addition to the points raised by Kurdziel at #6, I guess that BYOD raises other issues. As well as data security problems, I suspect that such issues include electrical & fire safety problems because of the tendency for some users to buy cheap counterfeit chargers and power units for their devices either via the internet or dodgy shops without any consideration as to their compatibility or quality of manufacture. In recent years there have been various media reports (including items on BBC TV's "Watchdog" and "Fake Britain" programmes) of fires involving chargers and power units, and also of explosions arising through short-circuiting of counterfeit batteries and/or counterfeit devices.
Graham B
p.s. The appearance of unfamiliar abbreviations and acronyms on this forum certainly keep me on my toes through having to do internet delving to try and find out what they mean. When I first saw this thread I wondered if BYOD stood for "Bring your own drinks" as a variant of BYOB "Bring your own booze" (or beer) which used to be a standard abbreviation on party invitations in my younger days! :-)
p.p.s. By coincidence the CAPTCHA security image which appears as I'm about to post this message is bAnNh. Could this be interpreted as suggesting that employers should resist relying on BYOD?!
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Don't forget PUWER...
"Where employees provide their own work equipment for use
at work. PUWER also covers situations where employees provide their own work
equipment. For example, where builders use their own trowels or hammers" .....see page 14
I know this is a sideways approach, but I think the backstop, which ever way you come to it is that the equipment should be suitable.
If someone at work is bringing in their own equipment for use as part of their work, and it is not suitable, then I think it is likely that the employer is going to have to provide something that is suitable.
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Rank: Super forum user
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Prolonged use of BYOD devices (inc. hand-held) are captured by the DSE Regs and the parent Directive.
The onus remains on the employer to balance the benefits of new technology with potential ergonomic and other risks.
Reference to PUWER etc. is correct in that same context. Many employers permit employees to purchase their own tools. Employer duties on safety, fitness for purpose, noise, vibration etc. remain.
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I'd thought about PUWER, but to my way of thinking that would apply to the electro-mechanical aspects of the equipment, not the usage (though I do understand that PUWER covers use, however if PUWER adequately covered DSE use why would we have DSE Regs in the first place?(indeed, why do we have DSE Regs in the first place?)).
And Ron, I agree that DSE applies, I guess my confusion is about the extent to which it applies. I'm quite clear that we would still carry out some form of assessment. But it's not like being in a situation where all DSE is covered by corporate procurement guidelines on fitness for purpose and so on. Could I envisage a situation where managers might be saying 'That device is fit for work use, that one isn't'? That's a bit of a tricky one in my book. So I'm happy that we can lay down rules about use, breaks, posture and so on, but I'm still with Andy K's view that it's all a bit vague.
And on the data protection aspects, it's actually our information governance manager who raised this. I think she hopes I'll say, 'BYOD? OMDB!' (over my dead body), as she is having kittens at the idea. But in all conscience I don't think I can,
John
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Agree with the previous posts in relation to PUWER and DSE, however, there is also the possibility that insurance cover is affected - previous insurance policies have stipulated that cover is for company owned and provided equipment.
My current employer (an American Parent) has also stipulated that any personal mobile phone number becomes the property of the company from within its IT policy - (paraphrasing a little!) "phone usage and emails on company business remain company property even after the employee has left the company". They've used anti-virus, commercial confidentiality and other reasons for this.
Pete
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The overall risks for employers permitting BYOD is more to do with IT Security.
The Health & Safety risks aka DSE Regs is to do with ergonomics and not the prescriptive detail in DSE regs--such devices were not in use when the DSE Directive was made.
The EU proposal to integrate the Manual Handling and DSE Directives into an Ergonomics directive has stalled.
http://www.hse.gov.uk/ab...uronews/dossiers/msd.htm
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regardless of BYOD one thing I had to change in the company (consultant generated) DSE questionnaire was "is the screen at you resting eye level" as it no longer applies to modern laptop use for transient workers - line of sight achieved by tilting the laptop screen backwards as opposed to any specific docking station or stand to lift it to the height of the users eyes.
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Rank: Super forum user
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regardless of BYOD one thing I had to change in the company (consultant generated) DSE questionnaire was "is the screen at you resting eye level" as it no longer applies to modern laptop use for transient workers - line of sight achieved by tilting the laptop screen backwards as opposed to any specific docking station or stand to lift it to the height of the users eyes.
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A Kurdziel wrote: I cannot imagine that the HSE will be that bothered with this; they have bigger fish to fry like keeping themselves in existence.
Absolutely correct.
In addition to this comment, I have (real) risks to deal with within our organisation than having to worry about a DSE risk assessment on a person using a smart phone or tablet that they own and are using for work purposes.
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Toe, too right! I'm more worried about our blue-light drivers and rescuing people from trains in floods than about folk using a tablet for a bit of light work,
John
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Rank: Super forum user
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Disappointing to see IOSH members so readily discounting the potential for chronic health effects arising from poor posture or RSI?
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