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#1 Posted : 27 August 2003 16:51:00(UTC)
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Posted By Ian stevenson My employer has just refubished a workplace (office)which using health & safety guidlines can accomodate 4 people, minimum 11 cubic meters each. They intend to install six people plus additional equipment as they see no percivable risk as the staff will be at fixed work stations.I could agree it does not appear cramped when no staff are on site but what is the point in haveing minimum requirements if they can be overridden so easily. I have noted another thread on a similar theme there should be some intresting answers. Ian Stevenson
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#2 Posted : 27 August 2003 17:15:00(UTC)
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Posted By Paul Leadbetter Ian The legislation only says that there should be sufficient space; your employer clearly feels that 6 people will have sufficient space in the room in question. PAul
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#3 Posted : 27 August 2003 17:17:00(UTC)
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Posted By Gary Levers Assuming a volume of 44m3 (4x 11m3) when empty, to then put 6 people in would reduce this to approx 7.3m3 per person. That is low! especially when you consider that is a floor space of less than 2.5m2 per person without even thinking about desks, chairs etc. Its not just a guideline either Ian. The ACOP states 11m3, which in turn dates way back to the Offices, Shops, Railways Premises Act.
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#4 Posted : 27 August 2003 19:53:00(UTC)
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Posted By Ian stevenson The volume after equipment is fitted is 39m3 another 2sqm of floor space will be lost with mobile equipment. Regards Ian
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#5 Posted : 27 August 2003 23:55:00(UTC)
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Posted By David Edward Partington Ian, this is where you earn your wages. Tell your employer to behave themselves. This configeration of office space will be unhealthy, unpleasant and unproductive etc. Can I suggest that you refer them to the HS policy that you wrote and they signed. Clearly this does not meet the best practice that you would have written into the Policy. As for the law then you are in a hard place if you have to relie on the law to make your case. The simple arguement is that this is unacceptable. Behave.
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#6 Posted : 28 August 2003 09:49:00(UTC)
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Posted By Ken Taylor This is another version of the old question - 'What do I do if they don't obey the law or accept HSE guidance?' Make sure you put it in writing to them, Ian and tell them they will be risking enforcement action and an unhappy workforce.
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#7 Posted : 28 August 2003 10:44:00(UTC)
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Posted By Hilary Charlton Absolutely agree with the above. Complete your risk assessment, utilise the word of the Law and refer to it, then cover this with a memo stating where the problem is, that they are not in compliance if they situate 6 people in this area and so on. Ensure this is done before the employees take up residence and make sure that you keep a copy for your file. Should anyone subsequently complain you have full evidence that you have done what you were supposed to do which is advise the employer. Hilary
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#8 Posted : 28 August 2003 13:03:00(UTC)
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Posted By David Sinclair Ian, See my reply on the previous thread. Unfortunately, the wording of Regulation 10 of the Workplace (Health safety and Welfare) Regulations 1992 is so vague, your employer is unlikely to be breaking the law. There is no legal minimum size for a workplace, nor is there a maximum number of people who can occupy a workplace, provided there is sufficient "unoccupied" space to provide for health and safety. This is one of those problems (like maximum temperatures in workplaces), which the Government refuses to legislate on.
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#9 Posted : 29 August 2003 10:16:00(UTC)
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Posted By Ken Taylor David is right in that the actual Regulations require only sufficient floor area, height and unoccupied space. However, the Approved Code of Practice gives the dimensions to which we refer and are used by an enforcing authority in deciding whether, in their opinion, the Regulations have been met. This is not just good advice or guidance from the Health and Safety Executive. If the employer has failed to meet the ACOP for a workplace of this nature, it would be very interesting to see how they would be able to prove that they had met the duty imposed by the Regulations in some other way.
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