Is my employer breaking EU regulations ?

Andy_L

patman99 wrote: »

Now, we all use LCD/TFT screens which by design, are a different animal altogether.
As these emit no radiation

Yes they do, you couldn't see the image otherwise

Notmyrealname

dickydonkin wrote: »

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

Oh dear, we appear to have a HSE clipboard muppet here...

Show me with a link, the actual CURRENT law or act that entitles a worker to a 5 minute break every hour.


http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026668

There is no legal limit to how long you should work at a VDU, but under health and safety regulations you have the right to breaks from work using a VDU. These don't have to be rest breaks, just different types of work.

Note the above does not specify a duration.

dickydonkin

Notmyrealname wrote: »

Oh dear, we appear to have a HSE clipboard muppet here...

Show me with a link, the actual CURRENT law or act that entitles a worker to a 5 minute break every hour.


http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026668

There is no legal limit to how long you should work at a VDU, but under health and safety regulations you have the right to breaks from work using a VDU. These don't have to be rest breaks, just different types of work.

Note the above does not specify a duration.

Please show me where I have stated that there is a specified duration that needs to be taken away from a workstation.

Furthermore, is it really necessary to adopt a puerile stance by name calling?

I have never stated that THERE IS A STIPULATION IN ANY LEGISLATION ON HOW LONG A USER SHOULD OR SHOULDN'T WORK AT A VDU - because there isn't!

This makes sense as this could vary due to many factors such as the type of working environment or the people working in it.

For example, someone who works in a very busy call centre on a ten hour shift would very likely need more respite from their workstation than someone who usually has to use their workstation intermittently during the day.

However, both of the above would be covered by the DSE regulations. That is why it is also a legal requirement to assess peoples workstation to determine if regular breaks are required or otherwise.

If a DSE assessment determined that due to various factors and stressors that a DSE 'user' should have a specified period away from the workstation, then that specified 'time out' could potentially become legally binding.

Ignoring or failing to implement reasonable controls that have been recommended is not the best idea.

What I and others are trying to explain to you with great difficulty, that if an employer does not follow best practice or approved codes of practice, the latter can be used to prosecute due to acop's special status in law.

The regulating bodies of the DSE regulations issue guidance on the regulations and suggest practical ways of avoiding not only litigation in a criminal court, but also a civil claim for personal injuries.

This 'HSE Clipboard Muppet' does not make the much maligned and very much misinterpreted health and safety laws - you will need to lobby the European and British parliaments to change those.

What I try to do is implement and interpret legislation into various workplaces - taking heed of industry and legislative best practice - and it can be difficult at times when some peoples perception of H&S professionals are jobsworths and killjoys (thank you Daily Mail) - when in reality all we try to do is stop people getting hurt and ensure unscrupulous employers toe the line.

If I am deemed 'a muppet' for doing that - well so be it.

Edit to add:

This is regulation 4 of the DSE regs - and to clarify, where 'shall' is used - that requirement is absolute.

Daily work routine of users

4. Every employer shall so plan the activities of users at
work in his undertaking that their daily work on display screen equipment is periodically interrupted by such breaks or changes of activity as reduce their workload at that equipment.

Obviously no defined break or 'interruption' period indicated, but part of the 'planning' would be based on findings from an assessment. For example, if the user is pregnant, then consideration may be given to additional breaks.
Every situation and workplace is different - that is one reason why no defined period is highglighted in the actual legislation.

Kentuniversity

Just thought that I would provide an update.

The overall site lead advised us a few days ago that we are entitled to three coffee/tea breaks per day as well as our 0.5hrs for lunch per day. Each tea/coffee break must be less than 15mins in duration. We were also advised that we could take more frequent tea/coffee breaks if we wanted as long as they totalled less than 45mins per day.

Absolutely brilliant.

Not too sure why there was the sudden change although rumour has it that HR had a quiet word with the site lead for our business area.


:j:j:j:j

DVardysShadow

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.

The radiation issue, while true, was never addressed by breaks away from the monitor. If breaks of 5 min/hour were applied, in terms of the effects of radiation, bu the end of day 12 you would still have the same dose as if you had been working to the end of day 11 without breaks.

Early CRT monitors did flicker - but mostly it was due to limitations of graphics card hardware and graphics drivers, If I recall correctly, early windows had effectively a 16 colour palette - but extended this to 256 colours by switching rapidly between on palette colours - thus giving a flicker at half screen refresh rate. Graphics cards and monitors were all performing very acceptably in terms of strobe long before the end of CRT. And if you move your hand in front of an LCD screen, you will still see a strobe effect.

The real core issues addressed by DSE are still the same with modern displays - it is the issue of working for protracted periods at a fixed distance from a screen with very little stimulus or need for the eye to change its focus distance or the iris opening.