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#1 Posted : 10 June 2009 17:05:00(UTC)
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Posted By J Fennel Hi all, Need a bit of advice on provision of chairs for employees suffering with bad backs please: Are we obliged to provide or contribute to special chairs A:if condition caused by circumstances outside of work? or B: If employees claims that current chair/ employment circumstances caused or contributed to their condition? Thanks
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#2 Posted : 10 June 2009 17:24:00(UTC)
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Posted By Paul Leadbetter Yes Paul
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#3 Posted : 10 June 2009 17:27:00(UTC)
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Posted By Fred Fishcake Interesting question. There are a number of factors here that need to be considered including: Is the employee disabled- reasonable adjustments then must be made. On a purely business level it will be worth spending money on a special chair if it keeps that individual in work and not off sick. Bad backs can be made worse by poor posture whether they have a highly adjustable chair or not. Has the right set-up been demonstrated? Certainly an occupational health referral would be desirable to ascertain exactly what the employee needs.
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#4 Posted : 10 June 2009 17:37:00(UTC)
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Posted By J Fennel Thanks Fred/Paul Employee not disabled, therefore I would imagine a necessary requirment only if alleged caused by their work? If not, I would have said no, but perhaps someone will quote a reg at me to the contary? Cheers, J
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#5 Posted : 10 June 2009 18:00:00(UTC)
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Posted By clairel HSE guidance and the Welfare Regulations require you to provide seating that is suitable for the individual user also taking into account any special needs they may have. To me that reads, yes you have to provide a chair suitable for the person with a back problem.
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#6 Posted : 10 June 2009 22:25:00(UTC)
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Posted By GeoffB4 Agreed.
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#7 Posted : 11 June 2009 09:24:00(UTC)
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Posted By Tuesday Hanley-Jones H&S Display Screen Equipment Regs 1992 were issued under Section 50(3) of the Health & Safety At Work Act 1974. Reg 3(1) of the DSE Regs states that every employer shall ensure that the workstation meets the requirements laid down in the schedule to these regulations which includes a work chair. It goes on to say that the chair should be stable and allow the operator or user easy freedom of movement and a comfortable position. The seat shall be adjustable in height, The seat back shall be adjustable in bothe height and tilt. A footrest shall be made available to any operator or user who wishes one. I have found that if you provide a chair that also has an adjustable seat pan a much better ergonomic position can be achieved by the user and back pain is eased.
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#8 Posted : 11 June 2009 13:09:00(UTC)
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Posted By Bob Shillabeer Stop looking for legal reasons for doing anything, this just trying to justify what you do. If the employee is a value to the company then do what is reasonable to help ease the problem, if that means buying a new chair then so be it, whats the big deal, a happy worker is more often a good work that someone who is resentful and always complains anyway.
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#9 Posted : 12 June 2009 11:05:00(UTC)
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Posted By tdunbar Thanks Fred/Paul Employee not disabled, therefore I would imagine a necessary requirment only if alleged caused by their work? If not, I would have said no, but perhaps someone will quote a reg at me to the contary? Be wise to the fact that the word "disability" especially in the workplace, has a much broader legal definition than you may think. The term disability is not confined to wheel chair users or those who rely on some form of walking aid. You should source guidance on this matter and there is plenty about.
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#10 Posted : 12 June 2009 12:49:00(UTC)
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Posted By Fred Fishcake Thanks but I am fully aware that the term disabled refers to a wide range of conditions. As we were talking about bad backs I assumed that contributors would connect the two issues in this post.
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