Posted By Ian Minty
Here is an interesting point for debate.

The Health and Safety at Work Act 1974 section 6.3 as amended by the Consumer Protection Act 1987 Scedule 3 states : "It shall be the duty of any person who erects or installs any article for use at work in any premises where that article is to be used by persons at work to ensure, so far as reasonably practicable, that nothing about the way in which the article is erected or installed makes it unsafe or a risk to health at all times when it is being set, used, cleaned or maintained by a person at work."

How does this then tally with the DSE regs? Does this then put the onus for the initial DSE assessment on the person installing the equipment?

If they know the person is going to be a user and that the place they are installing it is unsuitable as a workstation then either should they not install it, or provide advice and guidance on what is required for a suitable workstation?

Posted By John Ridd
This may be an interesting point for debate, but I for one do not think that it would occupy much court time if the issue were to be raised. I stand to be corrected, but it seems to me that the most appropriate Regulations are the DSE Regs and it is these that therefore carry sway.

The installer would not necessarily have the proposed user available and an assessment could not then be properly carried out.

It is, though, true that users often (and reasonably) assume - on arriving at a desk - that the DSE has been properly positioned and they therefore don't attempt to change things. IT departments should therefore be encouraged to train their installation staff in the (DSE) issues such that they place the kit on the appropriate part of the desk and do at least provide adequate cable lengths etc.

Posted By Adrian Watson
Ian,

There is nothing incompatible with the two requirements. Section 6 is preventing health and safety risks being introduced when the article is erected or installed, whilst the DSE Regs ensure that the item is used without risk to health and with the welfare of the user in mind.

The key points about this part of s6 are the article must be erected or installed. Supplying an article is not installing it! However, if the article is installed, the installer cannot install a totally unsuitable article. For example the item may need to be intrinsically safe for a chemical plant. Furthermore the installer cannot install the article in such a way that renders the use, maintenance etc of the article unsafe. E.g. it should be wired in correctly, and if a fixed item sited so that there is adequate ventilation and space for safe use and maintenance.

However, because the installer has no control over the use of the article, but the employer has, separate duties are placed upon the employer through the DSE Regs.

Regards Adrian Watson

Posted By Ian Minty
The situation that I am referring to is our own IT dept. "installing" the equipment into other departments within our own organisation.

"If they know the person is going to be a user and that the place they are installing it is unsuitable as a workstation then either should they not install it, or provide advice and guidance on what is required for a suitable workstation?"

What I'm trying to avoid is the usual answer from IT of "we only put it where we're told, it's nothing to do with us" by using the legal argument that it is their responsibility.

Posted By Richard
Does not PUWER have some bearing here?

Richard