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Posted By Graham Sargeant
I am aware the term 'place of work' gives a very broad coverage of what are to be considered as a place of work covered by legislation, but could anyone clarify for me please... a person who works from home, say for example in a converted bedroom, is that room considered to be a place of work and the same requirements applicable?
Thanks in advance
Graham
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Posted By Ken Taylor
Whilst legislation will apply with regard to the worker, the work, the work equipment, etc (including general duties) it is notable that the Workplace (Health, Safety and Welfare) Regulations 1992 define 'workplace' as '.. any premises or part of premises which are not domestic premises and are made available to any person as a place of work ...' I take this to mean that a part of a private house would need to be separated to form a 'semi-detached' office, factory or the like before those Regulations could be applied. The HSE guidance clearly say that they do not apply to 'homeworkers'. However this should not prevent the Regulations being used as guidance for providing a safe workplace and meeting other duties.
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Posted By David Scott
ACoP L24 would suggest that this converted bedroom is not a workplace or place of work, it being in a domestic property and therefore not subject to Workplaces Regs 92. However, as a home worker you are subjected to the following;
If self employed;
HASAW S3 Duties of self employed
MHSWR Reg 3 Risk assessment, Reg 5 H&S Arrangements, Reg 8 Danger.Emergency procedures
DSER as 'operator' only the following; Reg 2 risk assessment, Reg 3 requirements of a workstation, Reg 7 information.
PUWER all 'to the extent of (the employers) control'
EAW all for 'matters within (the employers) control
Employers Liability - None but Public Liability is highly advised.
If employed;
Employer owes you;
HASAW S2 Duties
Safety Reps & safety Committee Regs - All
H&S First Aid Regs - All
EAW Regs - All
DSER - as 'user', All
MHO - All
PPE - All
COSHH - All
RIDDOR - All
H&S Consultation Regs - All
PUWER - All for equipment 'provided for or used by/ employee
Work Time Regs - All
Employers Liability - All
Probably more than you asked for but having just gone through this process with our Solicitors, I felt I should pass on this information.
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