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#1 Posted : 15 January 2009 22:59:00(UTC)
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Posted By Muppit! Tried to find the answer but can't be looking in the right places. Hopefully, a member can help. Employees covered by the VDU Regs can ask their employer to provide and pay for an eyesight test. Employers, I believe, have to pay for spectacles if special ones (for example, prescribed for the distance at which the screen is viewed) are needed and normal ones can't be used. These VDU operators can be classed as essential users and as such be supplied with spectacles, does the same apply to PSV / HGV drivers? Example; A driver has single vision eye wear for private use. Following an eye test, a prescription which incorporates corrective elements for both distance and near applications whilst driving, is recommended. Is the employer required to fund the cost of the spectacles, as the employees normal eye wear is not suitable for driving (according to the professional opinion of the optician)? Any clarification gratefully received.
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#2 Posted : 16 January 2009 00:06:00(UTC)
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Posted By steve e ashton Muppit! Simple answer - no. There is no 'legal' obligation for an employer to provide glasses ('corrective appliances') for anything other than DSE use. And then only where the 'normal' glasses do not provide adequate correction at the specific focal length required for DSE use. Driving is seen as a normal life activity. When the DSE regs were made, computer use wasn't as prevalent as it is today. So there is no 'legal' obligation to provide drivers with prescription glasses (or when lab workers need eye protection with prescription lenses, or when ... you get the idea). The employer is not 'legally' obliged to pay for specs. BUT.... Several good employers do so. It is becoming more common. If the work activity requires good visual acuity, and can be performed effectively be people wearing glasses - then why shouldn't the employer pay? Not because they are forced to, but because they see it as an essential part of safe service delivery. And it helps the workforce do their job and feel valued. It's a convoluted argument. But some do and many don't. There is no legal obligation. Steve
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#3 Posted : 16 January 2009 08:00:00(UTC)
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Posted By Muppit! Steve. Many thanks for the explaniation. Exactly the information I needed.
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#4 Posted : 16 January 2009 08:39:00(UTC)
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Posted By David Matthew Are these the same glasses that your driver wears for driving a car? Regards, David
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#5 Posted : 16 January 2009 09:03:00(UTC)
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Posted By Bob Youel If an employer knowingly allows a driver to work for them who has eye defects they can be in the firing line so its not as simple as it seems Would an employer let a driver go and then spend large amounts of £££ recruiting others, where a set of glasses would have solved the problem? If that is the case then the employer is as short sighted as his driver! Employers who employ coded welders and knowingly allow people to weld with poor eyesight risk very costly weld failures. Hence sensible employers supply glasses! The list goes on in cases where the DSE regs do not apply. So an employer needs to look beyond 1 set of laws and conditions & risk manage their whole business not just 1 small area?
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#6 Posted : 16 January 2009 09:21:00(UTC)
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Posted By David Matthew Hear what your saying Bob but the fundamental question is does the employees current glasses meet the requirements of the eyesight standard for driving in the uk. I wear glasses because I'm short sighted and don't meet the standard without them. I'm also a company car driver. I don't however expect my employer to pay for glasses. If the employee in question only drives on company business in the company vehicle and never drives any other vehicle on his own behalf then IMHO the employer should pay. If not it's up to the employee unless the employer has extremely deep pockets. Regards, David
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#7 Posted : 16 January 2009 10:02:00(UTC)
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Posted By David Bannister The original poster asked whether it was a requirement to supply (other than DSE use). The answer is no. Employers may find good reasons to do so but are not legally compelled to do so. It is a matter of choice.
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#8 Posted : 16 January 2009 10:05:00(UTC)
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Posted By Kieran J Duignan Muppit has enquired 'Is the employer required to fund the cost of the spectacles, as the employees normal eye wear is not suitable for driving (according to the professional opinion of the optician)?' adding 'Any clarification gratefully received.' While Bob has usefully clarified root issues, I wonder whether another useful angle may be to consider very carefully how PUWER applies to the employee's use of the vehicle (which a crafty contingency-fee lawyer might well do, in the event of an accident). After all, since the employer who is supplying the vehicle, it's reasonable to argue that appropriate spectacles are required for its safe control.
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#9 Posted : 16 January 2009 10:20:00(UTC)
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Posted By Ian Futcher Isn't the issue also whether this person can see to drive? Road Traffic Act / Driving test requires people to be able to see number plate details as specified distance. If a person can't do it, they are not fit to drive until the eyesight is corrected. If a person drives to work, and can't see, they are breaking the law. I reckon it's the individual's responsibility to sort out their own eyesight correction so that they can comply with the RTA. Is there a legal requirement to see clearly when driving: yes. Is it the employer's duty to provide correction: no. Ian
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#10 Posted : 16 January 2009 17:02:00(UTC)
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Posted By Bob Youel its interesting reviewing the various arguments and as usual it appears that farsighted employers consider all aspects where those who only see £ signs do not Its got to be cheaper to supply glasses as to answer the posting on this site has bought a pair in the first place - My local supplier can supply proper glasses for the average person at ~£35 per pair not hundreds as you hear about! And that's another question what about supplying hearing aids?
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#11 Posted : 16 January 2009 17:15:00(UTC)
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Posted By holmezy Muppit / Bob I am farsighted in my approach to H+S, however, I'm short sighted when it comes to eye sight!! I wouldn't expect my employer to fund my specs as I require them by (road safety) laws to be fit to drive. I would, however be grateful if they did supply them, or at least made a contribution, but it's not a requirement. We assess our drivers and if they haven't had an eyesight test, then we "remind" them that it a recommendation every 2 years, for allsorts of health reasons, not just eyesight, and we fund the eyetest with a voucher from a well known High Street optician which also gives a contribution, but pay the whole amount.....no. Holmezy
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#12 Posted : 16 January 2009 17:32:00(UTC)
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Posted By Kieran J Duignan While the comments by Ian, etc. clarify aspects of the issue raised, it's simply impossible to access all the relevant information necessary to reach a definitive view. Both the Employment Rights Act and The Disability Discrimination Act may be relevant; there's no way of knowing without details of the contract of employment of the guy and of how he was appointed: if his selection did not include an eye test, a claim could arise about disability discrimination or, were he to leave, constructive dismissal. The issue inevitably may have implications for other employees. Unless managers prefer to choose to risk spending a lot of unpaid time of their own in hassle and litigation, it's more economically rational to pay for (one) pair of specs to enable the guy to drive safely.
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