Rank: New forum user
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Can anyone advise if an employer can force an employee who is deemed to be a 'user' have an eyetest and if they refuse what do you consider would be appropriate action? Thanks
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Rank: Super forum user
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As I understand it the employer has to pay for an eye test when the EMPLOYEE REQUESTS IT under the DSE regs. I don't think that the employer could turn this around the other way. However - do a risk assessment, if you believe that it is required, then go down the route that this is necessary for them to do their job, if still no, go down the disciplinary route.......................
But let's step back a bit. Why does the employer want this eye test? What is the employee's objection? Has it been explained? More info please.
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Rank: New forum user
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An employer cannot provide any employee with an eye and eyesight test against that employee's will. Eye tests are on request of the employee. The purpose of them is to enhance comfort and efficiency by improving and correcting vision defects as there is no evidence that DSE work causes permanent damage to the eyes.
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Rank: Super forum user
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This is not something you're going to be able to police / audit.
Are you going to check that all DSE users requiring specific corrective measures are wearing such corrective measures during any DSE use.
Are you going to insist that all DSE users deviate from screen use for a 5-10 min period in the hour etc?
Sensible Risk Management!
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Rank: Super forum user
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additionally an employer cannot knowingly allow an employee to willingly or oterwise harm themeselves at work e.g. if it is reasonably foreseable that an employee can harm themselves whilst using equipment at work e.g. a computer screen then the employer should do something about it!
You need to be sure about your facts and have little doubt that the employee can harm themselves so you should do something about it; I suggest you give the problem to HR
That said the 'reasonably practicable' rule does apply
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Rank: Super forum user
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There is no evidence to suggest that DSE use causes vision defect, so no employer duty in respect of preventing harm.
The employee is entitled to eye exam & test and basic appliances (includes varifocals where appropriate) on his/her request. No duty on the employer unless requested from employee.
There is of course a moral obligation on the employer to make his "DSE User" employees aware of that entitlement.
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Rank: Super forum user
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In all my years at this game I've only ever experienced cries of 'we're not paying for that!' from employers. This is a first for me. Wonders never cease.
Still, I'd pay good money to see an employee physically restrained by HR professionals whilst an eyetest is performed.
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Rank: Forum user
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safetyamateur wrote:Still, I'd pay good money to see an employee physically restrained by HR professionals whilst an eyetest is performed.
A scene from Marathon Man comes to mind ..
TGIF it's been a long week
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Rank: Super forum user
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Nah, Bob, Clockwork Orange is the template.
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Rank: Super forum user
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Can anyone advise if an employer can force an employee who is deemed to be a 'user' have an eyetest...
NO! Reg 5 of the regs is based on the employee REQUESTING a test.
.....and if they refuse what do you consider would be appropriate action? Generally I would suggest nothing (as others have said, you can't strap them to the chair or force them to respond to the optician - unless you use Marathon man dentist style techniques!)
however, if the person involved has a high level of sickness absence and you feel that this may be connected with their eyesight and/or use of VDUs then I suggest you encourage them to attend. Try the OH route, if necessary. Again they could refuse. If push comes to shove, then the employer is entitled to make certain judgements based on what information they have in front of them.
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Rank: Super forum user
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Ah Marathon Man - great film.
But is it safe?
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Rank: Super forum user
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heck ron.. still puts me off the dentist!!
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Rank: Super forum user
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(6) Nothing in paragraph (3) shall require an employer to provide any employee with an eye and eyesight test against that employee's will.
DSE Regulations 1992.
It often helps to actually look at the regs,
John
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Rank: Super forum user
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You are of course entirely correct, safetyamatuer - that "treatment" scene from A Clockwork Orange does fit the bill!
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Rank: Forum user
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I think Phil Rose and jwk have summarised this perfectly - no you cannot force the employee to have the test, but if their is a history of absence or 'complaint' that may be linked to this then pass through OH to have a suitbaly sensitive discyussion with the employee concerned
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