Posted By Paul Craythorne Jim, PPE is something quite different in my opinion as it is designed (and meets stringent conformity standards) to protect against a specific hazard e.g. chemicals, dust, noise etc. A mobile phone used in a lone working environment would be classed (again in my opinion) as essential equipment that forms part of a safe system of work which would also include clear instructions on the actions to take in the event of certain emergency circumstances arising. Hope this helps. Regards, Paul Craythorne

Posted By Kieran J Duignan Jim I do some work with a registered charity serving multi-racial client groups in an 'inner city' area which has had serious riots in the past. I think issues arise which are similar to those you outline - but a sharply defined, 'cut and dried' approach may well result in worse rather than better management of risks of violence. I am inclined to view the issues in terms of educating management at all levels, by incorporating them as part of standard management of employee performance. In this way, legally they are still binding, woven into the disciplinary process rather than 'separated out' into H & S. In practice, therefore, the matter is managed through the Employment Rights Act 1996 rather than the Health and Safety at Work etc. Act 1974. Sadly, H & S is at present not perceived by anyone as part of mainstream to the life of the organisation during its 26 year history. The organisation will actually break new ground if systematic performance management becomes part of its culture but, for the issues you refer to, it's worth approaching it pragmatically rather than simply 'by the book'.

Posted By John Murgatroyd You cannot have it both ways. You cannot highlight the "dangers from radiation" of mobile phones and then insist that people use them for their safety ! If your employee was to point out that some research shows that radiation from mobiles is harmful, both in the long and short term, then you would have a problem. Then again, with the high level of risk that carrying a mobile presents the person possessing it (ie: assault and theft) are you justified in insisting that your employee carries one ? You need to think this through. Oh, were you thinking of using the "tracker" option available on mobiles to check on your employee ? It sounds like you do !

Posted By bigwhistle Would the HSE really prosecute business for the Governments incompetency to keep law and order. PPE therefore could include big fences and cameras depending on the postcode!

Posted By Jim O'Dwyer Thanks for all the input on this thread guys! In the light of all the information supplied I've re-worded my question(s) and I look forward to reading your response(s). Let's say that if, after doing their Risk Assessment (including an evaluation of any risk of using mobile phones), the employer organisation decides that using a mobile phone is the way that their lone workers are going to summon support in crisis situations (i.e. as Paul said: "essential equipment that forms part of a safe system of work." and has supplied and formally required employees to be in possession of a (working!) mobile phone when working alone in the community and the employees have not raised any 'safety' concerns or objections about using the equipment, then: 1. If an employee continues to work without a mobile phone - could they be in breach of their Statutory duty under S7 HSW Act (as well as their Common Law duty of care) to take reasonable care for their own safety and health? 2. Could they also be in breach of their statutory duty under Section 14 of the Management of Health and Safety Regulations 1999, which requires employees to co-operate with their employer and others to meet statutory requirements (i.e. compliance with guidance, Codes of Practice, Instructions, Safety Procedures, Training, etc.) 4. Could the employee's actions warrant their dismissal? 3. In the event that the employee gets injured, would a breach of these statutory duties result in a reduction to any compensation awarded? (i.e. in proportion to how significantly the employee's actions contributed to the severity of the outcome.) Best wishes, Jim O'Dwyer

Posted By Brian Dawson "Sadly, H & S is at present not perceived by anyone as part of mainstream to the life of the organisation during its 26 year history." Now I'm really confused! It didn't all start in 1974 (or even 1979)!

Posted By Jim O'Dwyer Brian, When did it start then? Jim O'Dwyer

Posted By Simone Granger Who knows Jim, but I think there's a mention in the old testament so it must be a while now