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Posted By Gary May
Social Care staff are undertaking a programme of care in a clients home (domestic premisis), which is "a place of work". They are working in cold temperatures, (below 16 degrees) as the service user will not put the heating on and is not being reasonable.
Question - what advice would you give to resolve this situation?
Gary May
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Posted By Brian Dawson
Either tell the client that you will not deliver the service if they cannot provide a reasonable environment (this will go down like a lead balloon and in extreme circumstances could end in client being taken into residential care)
Or provide suitable clothing for the employees as you would if they worked outside.
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Posted By Robert M Edwards
There is also a duty of care from the care provider ( the employer here) to look at why the individual is not putting on the heating. Is this unreasonable or is it financial? Does this client actually need some additional assistance here as it is affecting them too? If they need care, cold temperatures must be detrimental to the houseowner too. The care provider will be under a duty to investigate this not just chalk it down to tightfisted behaviour.
Good advice from the previous poster, employees in their workplace, even if it is a private house, should adopt the same principles for external work as well as investigating the situation.
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Posted By Dave Wilson
Dont know the circumstances here and it is obviously a real issue for someone but is this not taking interpretation of statute a bit far?
Any way you can get round this by providing a place where the employee can go and 'warm up' Local cafe for a coffee and a fag!
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Posted By Gary May
If only life was so simple that we could resolve issues over a brew and a fag. The issue is more complex when you are dealing with vounerable people in their own homes. A duty of care exists for the agency, as well as a safety duty to the employees. I know our usual thought process says SAFETY, but thats not easy when you CARE.
Gary May
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Posted By Dave Wilson
Understand the caring aspect mate and would never say anything detrimental about the 'caring' professions, and only if life was that simple.
However if you are trying to use 'safety statute' to solve a problem which may not be safety related underneath then may have to try another route. As an ex-EHO in LA I do appreciate that if certain sections of the public do not wish to do something which you know can only be of benefit and you cannot enforce it on them,it is at the end of the day their right.
So if you are using Workplace HSW Regs then it may sound daft as to be your only option to ensure the 'safety' of your employees is to go to the local cafe or other area to get warm if this is REALLY your main concern.
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Posted By david fawley
Gary
Pleased that I could not help
Dave
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