Working in a cupboard with stored chemicals - help!

deb1home

I have taken a new job after being unemployed for a six months. As the job market here (and everywhere!!) is depressed I took this job as although the pay is not fantastic I was getting deeper into debt and the job is for a government agency so thought (foolishly) that the conditions would be good. Oh how naive was I... The 'office' I am expected to work out of is in fact a storage cupboard, with no windows and although there is an air conditioning vent it is out of action (I have asked for this to be rectified but to no avail). During the warm weather I had the door wide open and the fan going on maximum (and I still felt I had had a glimpse of what hell is like). I work surrounded by cleaning chemicals, all still in their contatiners (so unopened) but even so there is a chemical smell always present, I am also expected to negotiate my way round three faulty machine and a cleaners trolley. Actually I don't mind the defunct equipment, it's the chemical smell and lack of ventilation that is getting to me. I have searched the internet for answers to my dilema but although there is lots of legislation it seems to concentrate on being down a hole or underground and what I want to know is, can my employer expect/demand/ask me to work in a storage facility with stored chemicals? The room I work in is about 20 feet square. There are no windows (which in iteself is utterly depressing) and the air movement is via the open door and a poorly (if at all) working air conditioning unit.

choille

Contact Health & Safety office at your local Council - Do you have a union?

ohreally

Ventilation - http://www.legislation.gov.uk/uksi/1992/3004/regulation/6/made

Lighting - http://www.legislation.gov.uk/uksi/1992/3004/regulation/8/made

Room dimensions and space - http://www.legislation.gov.uk/uksi/1992/3004/regulation/10/made

You don't mention fire escapes!

deb1home

ohreally wrote: »

Ventilation - http://www.legislation.gov.uk/uksi/1992/3004/regulation/6/made

Lighting - http://www.legislation.gov.uk/uksi/1992/3004/regulation/8/made

Room dimensions and space - http://www.legislation.gov.uk/uksi/1992/3004/regulation/10/made

You don't mention fire escapes!

Thank you for the links.

There is no fire escape only the entrance door!

ohreally

Report to the HSE then (they have enforcement jurisdiction for govt premises).

Your employer also has a duty to risk assess - http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

Make appropriate health and safety arrangements - http://www.legislation.gov.uk/uksi/1999/3242/regulation/5/made and have procedures for serious and imminent danger (fire) ... http://www.legislation.gov.uk/uksi/1999/3242/regulation/8/made

aveylee

Unfortunately you may find that none of the above can help. Central government bodies cannot be served prohibition or improvement notices under Health & Safety regulations.

Theoretically your manager could be prosecuted under s.48 of the Health and Safety at Work Act, but then only in exceptional circumstances.

Having worked in the civil service before you best bet is to get your PCS union rep involved (if your a member), or keep mention the risks to your manager in writing, they might then do something if only to cover their own backs.

ohreally

aveylee wrote: »

Unfortunately you may find that none of the above can help. Central government bodies cannot be served prohibition or improvement notices under Health & Safety regulations

http://www.hse.gov.uk/notices/notices/notice_list.asp?ST=N&CO=&SN=F&SF=RN%2C+%7C&EO=LIKE&SV=nhs%2C+%7C&x=27&y=3

http://www.hse.gov.uk/notices/notices/notice_list.asp?ST=N&CO=&SN=F&SF=RN%2C+%7C&EO=LIKE&SV=council%2C+%7C&x=23&y=13

http://www.hse.gov.uk/notices/notices/Notice_details.asp?SF=CN&SV=300550239

Crown immunity was lost in the 1980's.

aveylee

Yes and no. This is not an issue about crown immunity, but one of s48(1) of the Health & Safety at Work Act.
Crown properties are not exempt from the HSWA, they are just exempt by statutory provision from any enforcement action.
A clever way of the Government claiming that they are not above the law, and then in all practical considerations making themselves above the law.

Breaches of H&S cannot be enforced against the crown, all that can be done is a 'censure' being issued - Which the crown has no obligation to take any notice off.
http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm

In this case if the original poster goes to the HSE, they issue a censure, the Dept ignores it, and since he is causing problems and has not been there very long they 'manage' him out of his job.

Sambucus_Nigra

Is there anywhere else in the building that you could work? Any other offices or desks?

SarEl

Also, I have serached your post twice to no avail - what are you employed to do and what do you do in the "office" & how long do you spend there? It may seem a silly question to ask, but nobody else has. Because cleaners and caretakers, for example, often have "offices" which contain the tolls of their trade - cleaning agents for example! So if this was an "office" where a caretaker filled out some paperwork in between being out and about on other duties, then this is relvant information.

dickydonkin

SarEl wrote: »

Also, I have serached your post twice to no avail - what are you employed to do and what do you do in the "office" & how long do you spend there? It may seem a silly question to ask, but nobody else has. Because cleaners and caretakers, for example, often have "offices" which contain the tolls of their trade - cleaning agents for example! So if this was an "office" where a caretaker filled out some paperwork in between being out and about on other duties, then this is relvant information.

That is correct.

For example, where I work, many of the housekeepers 'offices' also doubles up as a storage area for cleaning chemicals - and yes, there can be a smell - but as long as everything is stored correctly and with the lids on - I cannot see what the problem is.

I accept of course that certain smells can be irritating - and for me that is when I walk in the washing detergent aisle of a supermarket'

If cleaning chemicals are stored correctly as defined in their data sheets there should be no issues - unless a specific COSHH risk assessment determines otherwise - and of course that the assessment (if it exists) is not stored in a dusty unopened file on a shelf.

It is usually how cleaning chemicals are used that causes the problems - not how they are stored.

I would suggest it is more of a case of a potential breach of the H&S welfare regulations in the OP's situation in respect of ventilation, safe walkways etc.

In this case if the original poster goes to the HSE, they issue a censure, the Dept ignores it, and since he is causing problems and has not been there very long they 'manage' him out of his job.

Spot on!