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kinning  
#1 Posted : 10 December 2018 20:51:45(UTC)
Rank: Forum user
kinning

This question may cross over into HR.  Staff hot desk but one person has back problems and cannot always find a desk to sit at to do their work.   They were sent to Occupational Health who say there is a requirement for this employee to have their own desk due to their back problem.  Management including HR have ignored OH report and say there is no action required.  However under H & S does the employer still have a duty of care to ensure that this member of staff have their own desk and a DSU assessment is undertaken. I believe that H & S duty of care overides any decision HR may take.  Can anyone confirm this may be the case? 

Clark34486  
#2 Posted : 11 December 2018 07:38:06(UTC)
Rank: Super forum user
Clark34486

'reasonable adjustments'

Duty to provide a safe place of work that is free from hazards

Duty to carry out risk assessment 'significant risks' 'suitable and sufficient'

Principles of prevention

The basics of H&S (there are a multitide of other guidance notes and regulations not to mention the DSE regulations themselves 'six pack') are there in essence

Absolutely no need to provide a specfic work station in this instance but it would certainly be reasonable to provide a chair that is adjustable and suitable for the individual and include the appropriate screen (adjustable), you could then provide specific items that the individual could utilise such as an appropriate mouse, keyboard, wrist and arm supprorts (the type that sit at the work station). Perhaps some of these smaller items could be brought to and from the work station at the beginning and end of the shift.

What I always suggest is that the H&S 'bod' or safety rep, dependant on what your company has, carries out a personal risk assessment to accompany the Occ Health report, in my experience Occ. Health professionals suggest that a risk assessment is carried out for the individual. If you have a suitable RA to accompany the Occ. Health report you have done all that is possible to assist both the individual and your organisiation, the onus is then on the company to provide the control measures

Edited by user 11 December 2018 07:44:42(UTC)  | Reason: Not specified

thanks 1 user thanked Clark34486 for this useful post.
A Kurdziel on 11/12/2018(UTC)
nic168  
#3 Posted : 14 December 2018 10:19:49(UTC)
Rank: Super forum user
nic168

 Kinning- Clark suggestion of getting the safety bod/ ergonomist/ DSE Ninja to do a personal DSE assessment is the best way forward.

Sometimes the only way to meet the Duty of Care is to have a desiganted workstation for the individual particularly if there is a long term or degenerative condition.

If they simply need better chairs etc then you need to ensure that no one else fiddles with the chair so you will need to provide a space to keep the chair when it is not in use as well as an extra chair on the floor plate.

All a bit of a faff, which is why it is best to have good quality, adjustable, user friendly furniture in the first place. Sadly many hot desking work environments seem to be designed for cost and aesthetics rather than people.

Desk height is a recurring theme here, beautiful looking desks- no height adjustment.

A Kurdziel  
#4 Posted : 14 December 2018 10:40:37(UTC)
Rank: Super forum user
A Kurdziel

Originally Posted by: nic168 Go to Quoted Post

All a bit of a faff, which is why it is best to have good quality, adjustable, user friendly furniture in the first place. Sadly many hot desking work environments seem to be designed for cost and aesthetics rather than people.

Desk height is a recurring theme here, beautiful looking desks- no height adjustment.

These quotes hit the nail on the head: I despair when someone purchases office furniture on the basis of how its colour matches the overall office scheme rather than its suitability for what people need.

Height (manually not electrically) adjustable desks should be the only type that should be buying and finally I hate the ‘piano’ style desks with curved front. A desk should be a simple table with a leg in each corner and straight front edge. Boring but effective. ​​​​​​​

KieranD  
#5 Posted : 17 December 2018 08:26:26(UTC)
Rank: Super forum user
KieranD

kinning

What reason(s), if any, does the chief executive state for not implementing the recommendations of OH snf yourself?

While a sttatement or absence of statement from him/her can be used as evidence in legal proceedings should they arise, grounding your argument on health promotion is preferable.

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