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Lorrainelee  
#1 Posted : 02 June 2015 10:38:53(UTC)
Rank: Forum user
Lorrainelee

Hi all

Wonder if anyone can share any info please? We are M & E contractors. Subject of face fit testing for RPE came up yesterday and most of the guys have decided to have a "beard growing" competition. Obviously, the face fit tests will not be adequate as a result of this. Do we make it a mandatory requirement to "ban the beard"? Powered RPE to get round the problem would be too costly, I reckon?

Cheers
A Kurdziel  
#2 Posted : 02 June 2015 10:52:22(UTC)
Rank: Super forum user
A Kurdziel

If you want to rely on negative pressure face masks then you need to face fit test and allowing people to grow beards compromises this process. Positive pressure respirators can be worn with beards and do not require face fit testing. If you do a lot of work requiring RPE then a positive pressure respirator can work out more economical than for example a disposable face masks which you would be discarded at least every shift if not several times during a shift.
Lorrainelee  
#3 Posted : 02 June 2015 11:11:04(UTC)
Rank: Forum user
Lorrainelee

We don't do a lot of RPE work really, mostly via ceiling tiles and cable chasing, so rely on the negative pressure ones.
peter gotch  
#4 Posted : 02 June 2015 13:04:24(UTC)
Rank: Super forum user
peter gotch

Hi Lorraine

For whatever reason the message search facility doesn't appear to be working at present, and I can't remember whether I read about case on chat forum or elsewhere.

However, there's a very recent employment case where employer deemed to have fairly dismissed employee who refused to remove their beard, despite needing to wear RPE.
David Bannister  
#5 Posted : 02 June 2015 13:19:38(UTC)
Rank: Super forum user
David Bannister

peter gotch wrote:
Hi Lorraine

For whatever reason the message search facility doesn't appear to be working at present, and I can't remember whether I read about case on chat forum or elsewhere.

However, there's a very recent employment case where employer deemed to have fairly dismissed employee who refused to remove their beard, despite needing to wear RPE.


Peter, If you do re-find this reference I would be very interested, as I'm about to set up a face-fit programme at a client and I know that some will fail due to a liking for facial stubble like Desperate Dan.
Brown900431  
#6 Posted : 02 June 2015 15:38:31(UTC)
Rank: Forum user
Brown900431

Hi,

I posted about this a while back and to be honest its still an issue. we had several discussions at work about how enforceable it was to insist people were clean shaven and our Manager that deals with HR issues got onto our employment solicitor who said it was unenforceable unless it was written into the persons contract and may lead to an employment tribunal which we'd loose.

Our Directors decided not to insist on clean shaven, so we ended up face fit testing everything from clean shaven to Santa's full beard! In my opinion a waste of time, but we did try to educate everyone about the importance of being clean shaven when using a mask in the hope that they would choose to do this. We only had one failure of someone admitting to tasting the bitrex. If it was my decision I would have taken the risk on the tribunal.

If you find the recent court case please share as it would help.
A Kurdziel  
#7 Posted : 02 June 2015 15:46:01(UTC)
Rank: Super forum user
A Kurdziel

Brown900431
“Our Directors decided not to insist on clean shaven, so we ended up face fit testing everything from clean shaven to Santa's full beard!” ooh that’s sailing on thin ice! The real issue is consistency as beards will grow from day to day and what might pass a test on one day, could fail a few days later. You could of course insist that they be face fit tested every time that they use RPE!
peter gotch  
#8 Posted : 03 June 2015 13:34:58(UTC)
Rank: Super forum user
peter gotch

Here you are, albeit not my original source.....

http://www.abc.net.au/ne...oatee-loses-case/6438336

Kate  
#9 Posted : 03 June 2015 14:02:34(UTC)
Rank: Super forum user
Kate

That case is in Australia.
RayRapp  
#10 Posted : 03 June 2015 14:44:54(UTC)
Rank: Super forum user
RayRapp

Indeed my thoughts Kate, where the culture is, er, different. I would be very surprised if this case had the same outcome in the UK, especially if the employee was of a certain religious persuasion.
David Bannister  
#11 Posted : 03 June 2015 18:07:15(UTC)
Rank: Super forum user
David Bannister

Thank you Peter Gotch. Pity it's not UK law.
peter gotch  
#12 Posted : 04 June 2015 13:34:34(UTC)
Rank: Super forum user
peter gotch

The legal principles are very similar in Australia to the U.K. and in general across the English speaking or British influenced globe, so that for example the U.S. gives as much deference to Donoghue v Stevenson as the U.K. and Commonwealth states.

Of course, this recent case is not an authoritative judgment. However, judgments of e.g. the House of Lords have been considered authoritative elsewhere.

Even if the employee was of a certain religious persuasion, I think it probable that a U.K. Employment Tribunal (or on appeal Court) would be likely to come to a similar decision.

Judgments in cases involving conflict between equal opportunities legislation and health and safety requirements have been discussed several times before on this forum, but the search engine still does not seem to be working. Try searching for "curly" or "sikh" when it's back up and running. The original debate started in 2000 on the "old" forum, and was kicked off by an Aussie.

Lorrainelee  
#13 Posted : 04 June 2015 16:57:09(UTC)
Rank: Forum user
Lorrainelee

Just to clarify, our issue does not arise from religious beliefs, but personal choice to grow a beard. I think we're going to get round this by getting the pressure RPE which does not require a face fit test. Then they can grow to Rasputin levels to their hearts content! :-)

Thanks for all comments.

Kind regards

Lorraine
HeO2  
#14 Posted : 04 June 2015 18:36:23(UTC)
Rank: Forum user
HeO2

A Kurdziel wrote:
If you want to rely on negative pressure face masks then you need to face fit test and allowing people to grow beards compromises this process. Positive pressure respirators can be worn with beards and do not require face fit testing. If you do a lot of work requiring RPE then a positive pressure respirator can work out more economical than for example a disposable face masks which you would be discarded at least every shift if not several times during a shift.


Hi, my take on the HSE guidance was that even positive pressure face masks require fit testing? Have you got a different paper I can refer too?

Thanks
Phil

""Why do facepieces used with positive pressure breathing apparatus require fit testing? Isn't the leakage always outwards?

36 Fit testing a full face mask, which is used with a positive pressure breathing apparatus, is necessary because the consequences of facepiece leakage can be
extremely serious since these types of devices are more likely to be used in extremely hazardous environments; even brief leaks can cause serious exposure. Studies have shown that during heavy exertion, it is possible for the pressure inside the facepiece to momentarily become negative in relation to the outside atmosphere. If the faceseal is not good this could result in inward leakage of extremely hazardous air.""

johnmurray  
#15 Posted : 04 June 2015 20:00:26(UTC)
Rank: Super forum user
johnmurray

"Even if the employee was of a certain religious persuasion, I think it probable that a U.K. Employment Tribunal (or on appeal Court) would be likely to come to a similar decision"

That would be why Sikhs do not have to wear crash helmets then.....
RayRapp  
#16 Posted : 05 June 2015 08:47:24(UTC)
Rank: Super forum user
RayRapp

JohnMurray wrote:
"Even if the employee was of a certain religious persuasion, I think it probable that a U.K. Employment Tribunal (or on appeal Court) would be likely to come to a similar decision"

That would be why Sikhs do not have to wear crash helmets then.....


Nor hard hats in construction...the difference is there is explicit legislation which absolves Sikhs.
Steven n  
#17 Posted : 05 June 2015 08:54:10(UTC)
Rank: Forum user
Steven n

HeO2 wrote:
A Kurdziel wrote:
If you want to rely on negative pressure face masks then you need to face fit test and allowing people to grow beards compromises this process. Positive pressure respirators can be worn with beards and do not require face fit testing. If you do a lot of work requiring RPE then a positive pressure respirator can work out more economical than for example a disposable face masks which you would be discarded at least every shift if not several times during a shift.


Hi, my take on the HSE guidance was that even positive pressure face masks require fit testing? Have you got a different paper I can refer too?

Thanks
Phil

""Why do facepieces used with positive pressure breathing apparatus require fit testing? Isn't the leakage always outwards?

36 Fit testing a full face mask, which is used with a positive pressure breathing apparatus, is necessary because the consequences of facepiece leakage can be
extremely serious since these types of devices are more likely to be used in extremely hazardous environments; even brief leaks can cause serious exposure. Studies have shown that during heavy exertion, it is possible for the pressure inside the facepiece to momentarily become negative in relation to the outside atmosphere. If the faceseal is not good this could result in inward leakage of extremely hazardous air.""



See the appendix in the latest HSE guidance, it is really clear (a clear bit of guidance from the HSE woohoo) http://www.hse.gov.uk/pubns/books/hsg53.htm
A Kurdziel  
#18 Posted : 05 June 2015 10:41:17(UTC)
Rank: Super forum user
A Kurdziel

HeO2 wrote:
A Kurdziel wrote:
If you want to rely on negative pressure face masks then you need to face fit test and allowing people to grow beards compromises this process. Positive pressure respirators can be worn with beards and do not require face fit testing. If you do a lot of work requiring RPE then a positive pressure respirator can work out more economical than for example a disposable face masks which you would be discarded at least every shift if not several times during a shift.


Hi, my take on the HSE guidance was that even positive pressure face masks require fit testing? Have you got a different paper I can refer too?

Thanks
Phil

By positive pressure RPE I mean something like a hood or visor rather than a tight fitting face mask. It relies on the air being forced across the face and being at a positive pressure in relation to the air outside the hood/visor area. There is no seal between the face and the respirator. Therefore this is nothing to face fit test. You do have to make sure that the respirator is working ie it creating a positive pressure and that the filters that supply the air are working but that is not a face fit test.
See page 35 of the HSE document HSG 53 which clearly states that a hood/visor type respirator does not require face fit testing.


""Why do facepieces used with positive pressure breathing apparatus require fit testing? Isn't the leakage always outwards?

36 Fit testing a full face mask, which is used with a positive pressure breathing apparatus, is necessary because the consequences of facepiece leakage can be
extremely serious since these types of devices are more likely to be used in extremely hazardous environments; even brief leaks can cause serious exposure. Studies have shown that during heavy exertion, it is possible for the pressure inside the facepiece to momentarily become negative in relation to the outside atmosphere. If the faceseal is not good this could result in inward leakage of extremely hazardous air.""


Brown900431  
#19 Posted : 05 June 2015 14:19:47(UTC)
Rank: Forum user
Brown900431

I think I'll try suggesting to our senior managers that a face fit test is done every time an employee puts on a face mask!
Just to see the look on their faces!! LOL!
A Kurdziel  
#20 Posted : 05 June 2015 14:57:07(UTC)
Rank: Super forum user
A Kurdziel

ask them to hold their breaths instead
See http://www.bbc.co.uk/new...gland-hampshire-32993702 for practical application of this idea
chris42  
#21 Posted : 05 June 2015 15:57:19(UTC)
Rank: Super forum user
chris42

Lorrainelee wrote:
Just to clarify, our issue does not arise from religious beliefs, but personal choice to grow a beard. I think we're going to get round this by getting the pressure RPE which does not require a face fit test. Then they can grow to Rasputin levels to their hearts content! :-)

Thanks for all comments.

Kind regards

Lorraine


Well done you for allowing personal choice.
jwk  
#22 Posted : 05 June 2015 16:44:57(UTC)
Rank: Super forum user
jwk

Just read the 'scuba diving' post; words fail me, so very sad,

John
jwk  
#23 Posted : 05 June 2015 16:45:58(UTC)
Rank: Super forum user
jwk

By the way, my previous post is a reference to Andy Kurdziel's at #20
peter gotch  
#24 Posted : 08 June 2015 13:41:43(UTC)
Rank: Super forum user
peter gotch

Ray

One of the authoritative judgments is about a Sikh working in a steel stockholders where the exception for construction workers does not apply.
RayRapp  
#25 Posted : 09 June 2015 14:30:23(UTC)
Rank: Super forum user
RayRapp

Peter

Thanks, not aware of that particular case.

Incidentally, I read recently the HSE are considering widening the scope of the exemption for Sikhs not to wear hard hats on construction sites. As I commented in a previous post - the UK is very different than Oz.

http://www.healthandsafe...hard-hat-exemption-plans
A Kurdziel  
#26 Posted : 09 June 2015 14:46:45(UTC)
Rank: Super forum user
A Kurdziel

RayRapp wrote:
Peter

Thanks, not aware of that particular case.

Incidentally, I read recently the HSE are considering widening the scope of the exemption for Sikhs not to wear hard hats on construction sites. As I commented in a previous post - the UK is very different than Oz.

http://www.healthandsafe...hard-hat-exemption-plans


I read the article and started to read the follow-up article (http://www.healthandsafetyatwork.com/hsw/content/refusal-wear-ppe) but I was cut off just as it got to the religious objections to shaving of beards to enable staff to use RPE.
As I am not a subscriber can someone who has seen the whole article share with us what conclusion it reached.
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