Is my employer breaking EU regulations ?

anamenottaken

ohreally wrote: »

http://www.tuc.org.uk/workplace/displayscreenequipment.cfm

Thanks for the link. Interesting. So the TUC recommends that you spend 25% of your working time doing something other than looking at a screen. I wonder what, perhaps medical, evidence they have for that recommendation.

Alternatively perhaps it was a (possibly deliberate) typographical error and was meant to be 5 minutes change of work, so only 10%.

dickydonkin

Notmyrealname wrote: »

No such thing exists in UK employment law. There is advice to employers to allow a break however it is not legally binding.

But ACOP's (approved codes of practice) that are provided by the HSE for guidance on how to comply with safety legislation hold a special legal status.

Although these don't have to be followed, reference to acop's would be used to support a prosecution or breach, therefore it is prudent to follow guidance that is now freely available.

CKhalvashi

Us employers are advised to, however we don't legally have to.

It is common practice to put a few hours' paperwork on desks with phonecalls to make etc. in our office. How the employee deals with this is up to them in practice. Some do that end first thing in the morning, some do it in chunks throughout the day, some leave it until 2pm and then do it, some split it into mid-morning and mid-afternoon.

CK

Notmyrealname

dickydonkin wrote: »

But ACOP's (approved codes of practice) that are provided by the HSE for guidance on how to comply with safety legislation hold a special legal status.

Although these don't have to be followed, reference to acop's would be used to support a prosecution or breach, therefore it is prudent to follow guidance that is now freely available.

There cannot be a prosecution or breach because there are no regulations set in place for this. So you can bleat on about HSE and ACOP all you want but until it is made part of employment legislation, it is just advice and that is all.

Whilst we're at it though, HS@W is a two way deal and the employee is as responsible for ensuring their own health and safety as the employer is.

dickydonkin

Notmyrealname wrote: »

There cannot be a prosecution or breach because there are no regulations set in place for this. So you can bleat on about HSE and ACOP all you want but until it is made part of employment legislation, it is just advice and that is all.

Whilst we're at it though, HS@W is a two way deal and the employee is as responsible for ensuring their own health and safety as the employer is.

Dear me - well while we're at it - try The Display Screen Equipment Regulations 1992 for starters.

I'm not wishing to become embroiled in an argument with you but despite my supposed 'bleating'- trust me - I am correct.

I would suggest you check the DSE regulations and although they are not embraced in 'employment law' they were introduced as part of the EU 'six pack' that with other safety regulations were incorporated into UK health and safety legislation as EU directives in the early 90's - so by default will apply to the OP's employer - as indeed to the OP himself.

I will repeat that although there is no stipulation in the actual regulations on how long someone should or shouldn't be at a display screen, an 'acop' has a special status in health and safety law and if an injury or illness occurred to an employee and the employer had ignored guidance or other good practice, then the issued guidance could potentially be used as an instrument to prosecute.

That is fact.

I will accept that the risk of serious harm is relatively minimal in respect of using a display screen for a prolonged period, that said, resulting headaches and fatigue is not ideal to the DSE user or productive for the employer either.

However, these very same principles of acop's apply to safety legislation where the risk of harm is possibly greater - for example noise.

Compare these acops to the Highway Code.

It provides guidance on how to comply with the law - however the Road Traffic Act does not stipulate what you should and shouldn't do in detail, however, the highway code will offer guidance on how to avoid breaching the act.

Addition.

Have a look at a HSE guidance document here

Look at the coloured bars down the left hand side of the pages - it will identify the actual regulation, guidance and the acop. Furthermore, read the foreword on page 6 - I rest my case!

ohreally

HSE information pertaining to ACoP's

if an accused is proved not to have followed a relevant provision in an Approved Code of Practice, the failure to do so will be taken by the court as proof of contravention of the legal requirement in question unless the accused can show that s/he satisfied the requirement by adopting suitable alternative measures

patman99

The DSE Regs came into force when we all used CRT monitors which gave-off a low level of radiation. Now, we all use LCD/TFT screens which by design, are a different animal altogether.
As these emit no radiation and do not 'strobe' like the old CRT screens, the risk to eye damage is much reduced.
Of course, there is the requirement for to employer to pay for the employee to have annual eye tests when working with a computer screen.

dickydonkin

patman99 wrote: »

The DSE Regs came into force when we all used CRT monitors which gave-off a low level of radiation. Now, we all use LCD/TFT screens which by design, are a different animal altogether.
As these emit no radiation and do not 'strobe' like the old CRT screens, the risk to eye damage is much reduced.
Of course, there is the requirement for to employer to pay for the employee to have annual eye tests when working with a computer screen.

There was never any evidence that the old CRT displays caused permanent eye damage (or any displays for that matter) however, they could cause eye strain, headaches or exacerbate other conditions.

It is also important to mention that despite the potential issues with screens, seating and ergonomics are also covered in the DSE regulations and it really is not a good idea to be stuck at your workstation for the full duration of your shift.

Another poster on the employment board has just highlighted the possibility of injury caused by poor seating/posture.

Personally, I hate to see staff having their lunch or drinks at their workstations. It does not look very professional and I have seen equipment damaged by spillages of drinks.

There are some excellent products now available to reduce potential problems for people who have to be stuck at their desks for a prolonged period - whether employers are willing to pay for them is another matter!

getmore4less

AS above screen use is a bit of a red herring* it is the ergnomics of the workplace that causes the issues.

crouched over a spreadsheet looking at numbers, standing at a production line fixating on bottles moving past a backlight...
There are loads of situation where you can suffer form stain related or repetative isues





*How many that complain about scrrens use of <1hr are happy to sit in front of a TV and watch a 2hr+movie without moving.

dickydonkin

getmore4less wrote: »

*How many that complain about scrrens use of <1hr are happy to sit in front of a TV and watch a 2hr+movie without moving.

:rotfl:.......Good point!

Not to mention young people (and not so young) who frazzle their brains out for most of the day and night playing computer games.

Regarding the screen issue, I would suggest the biggest issue that causes problems is the glare from light entering through office windows as opposed to what is actually being displayed on it.