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If you have a home worker who is comfortable sitting at the kitchen table on a chair with a laptop (for a full working day), but the DSE assessment they completed indicates that they might need a more suitable arrangement. Where does the employer sit when they give the employee the opportunity for a better set up but this is refused by the home worker who just wants to sit at a table? Does the offer of a better set up and written reply to say they don’t want it keep the employer safe.
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How does the assessment indicate "might need a more suitable arrangement"? Has the person always been a home worker and did the company (at time of engagement) ask about their arrangements for conducting employment duties? You are talking about a domestic property where there may not be room (study, library, morning...) for appropriate provision of both a desk and chair. If it is very cramped even the provision of a work chair could be problematic. Your letter scenario is a waiver for cost only - if you are referring to keeping the employer "safe" from a compensation claim the answer is no.
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Rank: Super forum user
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How does the assessment indicate "might need a more suitable arrangement"? Has the person always been a home worker and did the company (at time of engagement) ask about their arrangements for conducting employment duties? You are talking about a domestic property where there may not be room (study, library, morning...) for appropriate provision of both a desk and chair. If it is very cramped even the provision of a work chair could be problematic. Your letter scenario is a waiver for cost only - if you are referring to keeping the employer "safe" from a compensation claim the answer is no.
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Rank: Super forum user
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Originally Posted by: Roundtuit  Your letter scenario is a waiver for cost only - if you are referring to keeping the employer "safe" from a compensation claim the answer is no.
This is an interesting one. What are the options for avoidance of personal injury liability here, apart from saying they can't work from home? In a workplace you would make sure the staff used/followed the controls you put in place, but at home?
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If the assessment is complete and the recommendations are turned down there is nothing else you can or need to do just put it all in an email keep the response that says they don't want it that's it. This could happen for home or office workers. In terms of liability as long as all the training and information makes it clear about the health effects, the assessments are kept refreshed and up to date and there is a clear line of communication what more can you do. You can't force people even to use PPE so all you can do is educate, promote and communicate.
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Rank: Super forum user
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Originally Posted by: kmason83 You can't force people even to use PPE so all you can do is educate, promote and communicate.
I beg to differ. We send people home if they don't come to work with safety wear. There are disclipined if they are not wearing hi vis in our yard, or ear protection in the factory. The HSE does not give exceptions for personal choice, religion or illness. If you are not wearing the appropriate PPE, you are not allowed to do the job; no exceptions! There is such a thing as supervision. The HSE expects you to carrying out suitable supervision to ensure your workforce is behaving an a safe manner.
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Rank: Super forum user
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Some people seem to be misunderstanding the point of the DSE regs. They seem to think that they are about setting up a particular type of workstation. They are not. They are about assessing the risk posed by particular workstation (wherever it might be) and then modifying as necessary to comply with the regs. If you look at Schedule 1 of the DSE regs goes on to say (and this is key) those requirements have effect with a view to securing the health, safety and welfare of persons at work; If the person is ok using the kitchen table then there is no problem with them using the kitchen table.
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 2 users thanked A Kurdziel for this useful post.
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jwk on 26/03/2019(UTC), JL on 02/04/2019(UTC)
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Rank: Forum user
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I have some experience in this area. Worked with a large client with over 2600 employees. Majority works from home. They all have to complete an online DSE assessment which then filters to the SHE department.
How did I control the risks of DSE? By contacting those who have DSE related issues. Email their line manager with the approved provider for office furniture. Get them to acknowledge receipt and get their line manager to take the responsibilities henceforth.
There is little you can do from the SHE perspective on this one. However, when they come in to the office (whenever that is), I will take the opportunity to review their posture (in the office), which they may then use at home.
The most important thing is to have a way to feedback the initial assessment they complete online with corrective actions. Failure to acknowledge and provide solutions will be in breach of the regulations.
It is easily resolved in my opinion. Just keep on top of the assessments, don't let it go too long before you review and keep their line managers involved. They usually are the ones who will authorise the purchase of anything.
Hope this helps.
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2 users thanked jdc1975@hotmail.co.uk for this useful post.
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Rank: Super forum user
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To answer the original question. I would insist they accept the changes. Remind them of their duties under the HASAW act 1974, "Co-operate with your employer on health and safety." They must abide by your health and safety rules, by law! If you say there DSE needs adjusting to make it safe, they must accept those changes, unless they feel it would actually make working less safe. Whilst I appreciate that supervising a home worker is next to impossible, without their cooperation, you must at least go through the process. You are leaving yourself wide open to a claim. You know there is an issue, it has even been logged that there is an issue, yet you have done nothing. There is no exemptions for workers willing non-compliance. Imagine if construction workers were allowed to remove their hard hats as soon as they left the construction office, do you think the HSE would say "well they know the risks"?
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Rank: Super forum user
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Originally Posted by: A Kurdziel Some people seem to be misunderstanding the point of the DSE regs. They seem to think that they are about setting up a particular type of workstation. They are not. They are about assessing the risk posed by particular workstation (wherever it might be) and then modifying as necessary to comply with the regs. If you look at Schedule 1 of the DSE regs goes on to say (and this is key) those requirements have effect with a view to securing the health, safety and welfare of persons at work; If the person is ok using the kitchen table then there is no problem with them using the kitchen table.
Just to be clear, I am not disagreeing with what you are saying here. If they're happy to use the kitchen table, and you are happy that it does not cause them any health, safety or welfare problems, then all is good. What I am disagreeing with is the allowing an employee to overule anything that has been decided upon to "secure the H,S & W" of that person. Without knowing the specfics of the concerns it is not easy to say if that is what is happening. Extreme example; the home worker is using their laptop in the bath. Are we to allow that to happen, because they find it comfortable that way?
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1 user thanked CptBeaky for this useful post.
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Homeworking arrangements are meant to be mutually beneficial to both employer and employee. When establishing such arrangements consideration must be given to what the employee has and what the employee needs. If the employer wants to specify a partcular desk / chair arrangement must be used that should have been the case from the out set before homeworking commenced not arriving after the event as a "might" in a DSE assessment. Personally I have been happy at several employments on home office days working at the kitchen table, yes a better arrangment could be provided but would it have been mutually beneficial?
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4 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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Homeworking arrangements are meant to be mutually beneficial to both employer and employee. When establishing such arrangements consideration must be given to what the employee has and what the employee needs. If the employer wants to specify a partcular desk / chair arrangement must be used that should have been the case from the out set before homeworking commenced not arriving after the event as a "might" in a DSE assessment. Personally I have been happy at several employments on home office days working at the kitchen table, yes a better arrangment could be provided but would it have been mutually beneficial?
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4 users thanked Roundtuit for this useful post.
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