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Display Screen Equipment - Agency/Temporay Staff
Rank: New forum user
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I am not sure on the provision of specialist equipment e.g. specific ergonomics chairs, mouse and keyboards.
The DSE regs 1(4) covers agency workers in detail, however as a Host employer the subject of item (i) and (ii) which covers risk assessments (reg 2) and workstations complying with the minimum requirements (reg 3) leaves a grey area for me, whether we should provide specialist equipment as identified in the DSE risk assessment to reduce the risks or equip the workstations as required in the Schedule under reg 3.
Understanding the responsibilities of the agency and the host employer (us), my feeling is that because the onus is placed upon the employer we would need to provide suitable and appropriate equipment.
Any help would be appreciated, even if only confirmation.
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Rank: Super forum user
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Alan, as regards the bogstandard workstations they work at, why would they be of a lower standard than those of your own staff?
As regards special requirements, I guess 'reasonable' comes into it. You wouldn't go to a lot of expense for someone who's not going to be a longterm worker.
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Rank: Super forum user
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It matters not if the person you are talking about is a long term employee or not. The duty remains the same, you must assess the workstation and ensure it fits the individual who uses it. Thast does not mean spending large amounts of cash to provide suitable chairs etc. You should set up the workstation in the correct manner after completing a DSE assesment for the person involved. Generally the set up is very straight forward and is the application of comonn details such as hight and sufficient desk space and a good quality chair. This will meet the requirements of the vast majority if DSE users. There are many different DSE assessment packages available that are quite simply to use and provides a high level of compliance, these will help you to identify if any specific additional things are needed, I suggest you explore these to see if they meet your needs.
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Rank: Super forum user
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Alan,
Notwithstanding the previous comments, you should also be aware that under the Agency Workers Directive which becomes law in October 2011, there is a broad duty to ensure that the principal of equal treatment applies to all temporary & agency workers after a qualifying period of 12 continuous weeks.
There is a section within the 2010 Regs. which talks about collective facilities and amenities, which may include the provision of suitable DSE equipment, etc. - but this will only be tested in the Courts.
As other posters have already indicated, I believe that nobody should be treated any differently both from a moral & legal (Criminal & Civil) perspective.
Zyggy.
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Rank: Super forum user
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Wouldn't the directive and regs be over-ridden by H&S legislation regardless of being agency or not?
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Rank: Super forum user
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MB1 - nothing in my post suggested otherwise! The AWD is just another way that this issue could be tackled.
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Rank: Super forum user
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No probs zyggy,
Just a little concerned with regards to the 12 week period refence as is not applicable within H&S legislation
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Rank: Super forum user
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I think that it is an interesting question.
My quick look at the AWD so far does suggest that this is mainly geared to employment related matters rather than health and safety, although happy to concede that I may be wrong.
In general I would agree agency workers should be afforded much the same 'protection' as a permanent employer, longer term employee etc etc. However, depending on the nature of the work and the length of time that any individual agency worker might be employed for, the practicalities of this can be problematic, and arguably it might not be reasonable or reasonably practicable in all cases to achieve full 'equality', depending on the circumstances.
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Rank: Super forum user
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Phil,
I fully understand your comments, & as I stated previously, the situation is still not very clear & is open to various interpretations. However, it was a chance comment from an employment lawyer that alerted me to these possibilities as, perhaps uniquely, I also line manage a Bureau service as well as my H&S role.
Time will tell!!
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