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#1 Posted : 30 May 2003 14:56:00(UTC)
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Posted By Stuart Burton Since 1993 we have not had to comply with the DSE Regs because we did not have anyone classed as a "USER". Now I am told by the local Environmental Health Officer that we should now be complying with the recently amended regs because, although we do not have people regarded as "USERS", we have a computer on a table in a offce come staff room. The EHO suggests that because we have a workstation, whether or not used by a "USER", the regulations now apply to WORKSTATIONS. The computer in question is used for approximately 3 - 5 minutes daily for printing out a customer list. Staff using the equipment do not sit down but merely press three to four keys after booting up to get the list printed. My argument is that the amended regulations only apply if you have a "USER or OPERATOR" working on DSE. The EHO says that where there are no persons regarded as "USERS" but a workstation exists then the regs apply and we should follow Schedule 1 to the regs in full with regards to WORKSTATIONS. What are your views.
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#2 Posted : 30 May 2003 15:25:00(UTC)
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Posted By Hilary Charlton Recommend that you follow the correct procedures for workstation ie proper height desk, avoiding glare, fully adjustable chair, that sort of thing, but skip the bit that refers just to users such as eye tests, mouse wrist rests and so forth which are particular to individuals. Unless you can show that someone is using this computer more than the time specified then I should just concentrate on the pure workstation requirements. Hilary
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#3 Posted : 30 May 2003 15:40:00(UTC)
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Posted By Jay Joshi The EHO's interpretation is correct I am including selected extracts from the revised Guidance to the DSE regulations, L 26 that was launched on 28 February 2003. Regulation 3 of DSE Regs refers to the Schedule to the DSE Regulations which setsout minimum requirements for display screen workstations, covering the equipment, the working environment, and the interface (for example software) between the computer and the user or operator. Regulation 3 was amended in 2002 to take account of a judgment in the European Court of Justice (joined cases C-74 and 129/95); The judgment ruled that articles 4 and 5 of the Display Screen Equipment Directive (90/270/EEC) impose obligations in respect of all DSE workstations, not just those used by ‘workers’ as defined in the Directive. Regulation 3 has therefore been altered to remove references to use by users or operators (which are the defined terms in the DSE Regulations equivalent to ‘workers’ in the Directive). Employers should therefore modify all DSE workstations they possess that do not already comply. However, modification is only required to the extent described by paragraph 1 of the Schedule.
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#4 Posted : 30 May 2003 15:56:00(UTC)
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Posted By Jack So, in your situation you have to ensure the workstation meets the 'minimum requirements' NOT the other aspects of the Regs.
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#5 Posted : 30 May 2003 16:40:00(UTC)
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Posted By Bill Parkinson As an organisation with a significant amount of workstations the impact of the modified regulations has meant a considerable amount of work. Looking at the guidance you can use a "screening" assessment which determines whether there is a need to do a detailed assessment. In our case it means that we are not looking at having to do over 1000 detailed assessements but only where there are potential risks identified. The amendments have actually clarified the arguement that a "user" was a very narrow field and except for certain industries (such as telesales or insurance call centres etc.) very few "users" were actually present although the risks were still present. Also don't forget under the workplace regs you are required to undertake an assessment of workstations (whether they have DSE on them or not).
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#6 Posted : 30 May 2003 19:17:00(UTC)
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Posted By Sheralyn Pattison HI Stuart, You are not alone! We have far bigger risks than this in our Company, however we are forced to comply due to an EHO - whilst the EHO is technically right, the principles of the management regs and significant risks should come into play, however having looked into this - the new DSE regs stipulate in Reg 3 that ALL workstations should comply with the schedule regardless of any risk assessments carried out. It is also a reverse in history as modern peices of prescriptive legislation are quite rare - is the tide turning? Regards Sheralyn
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#7 Posted : 30 May 2003 21:40:00(UTC)
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Posted By Jim Walker So much for overworked EHO's! Glad we are covered by the HSE, there is so few of them you can't get them in to help sort real (life threatening) risks. Can anyone think of a single incidence anywhere in the world where someone has been harmed even slightly by DSE? And, before you leap to conclusions WRULDs are something totally different and should be adiquately covered by other regulation.
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#8 Posted : 31 May 2003 00:18:00(UTC)
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Posted By Mr Chris read the regulations!!!!! If you disagree become a Politician and change them otherwise the EHO is 'technically' correct. He's only doing his job!
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