Unsanitary work conditions - employee rights?

WindfallWendy

A friend has been working in a shop where there has been a sewage issue and their toilet area has been creating mess for a week.

Environment health have been in, apparently the council are liable, but area managers have demanded the team keep working in the store where the sewage in the staff areas continues to be a problem.

She has walked out but is now worried she'll be sacked. They surely haven't got a leg to stand on, if they were to sack her for refusing to work in unsanitary conditions...?

lincroft1710

How long has she worked for the employer?

MayDogsandCoffee

A discreet call to environmental health may have the shop closed until the problem is resolved, if any of the staff are members get the union involved. Email the area managers (audit trail) and ask what they are doing to mitigate the health risk of working in an area that has raw sewage. If she has already walked out, get followed up very quickly with email or phone call saying ' have gone off sick'.

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/81939932#Comment_81939932

Environmental Health already know about the problem

YBR

As well as the health risk, are there any usable welfare facilities - alternative toilets or whatever, and does it affect staff kitchen/rest areas where they might be preparing drinks or eating?

I believe the company has obligations, but just walking out is not the best way to respond.

MayDogsandCoffee

@lincroft1710 Yes, I get that - they have advised council action, but they can be called back if staff and customer health is at risk and enforce temp closure. They might not know the shop is still open.

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/81939957#Comment_81939957

I would have thought that if they thought there was an imminent health risk EH would have automatically closed the premises or order they could not open

WindfallWendy

It's been an ongoing issue for a week, so the position was a call to managers saying "I can't work given the ongoing/accumulating risk" ... The store manager seems more concerned about there being a "whistle blower" given EH called in to inspect the property. I believe two members of staff called EH given their concerns.

The area manager view is that once the council have sorted out the issue, they will get cleaners in to decorate laminate the area. EH gave the council 2 days to fix it, which has passed and is why my friend feels the need to walk out.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81940070#Comment_81940070

Has anybody advised EH that there has been no change?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81940070#Comment_81940070

Is there another toilet that can be used?

ohreallƳ

There are several breaches here that spring to mind…

Health & safety at work act 1974 - Sec 2

(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all of his employees.

(2) (e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work

Workplace (Health, Safety and Welfare) Regulations 1992

Regulation 20 ACoP

(1) Suitable and sufficient sanitary conveniences shall be provided at readily accessible places.

(2) Without prejudice to the generality of paragraph (1), sanitary conveniences shall not be suitable unless –(a) the rooms containing them are adequately ventilated and lit;(b) they and the rooms containing them are kept in a clean and orderly condition

ACoP 21

192. Toilets should be connected to a suitable drainage system and have an effective means for flushing with water

Environmental health need to be kept updated on the lack of progress and absence of management commitment with regards to complying with the law; remember its law not advice.

If @dickydonkin still visits, perhaps he may be kind enough to chip in.

Grad IOSH