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Frequently Asked
Questions
Health &
Safety
Q
What are the weight lifting limits for males and females?
A
There are no legally binding weight limits. However Regulation 4(1) of the
Manual Handling Operations Regulations 1992 sets safety standards for manual
handling.
Your employer must:
avoid the need for manual handling as far as is reasonably practicable; where
that is not possible, assess the risk of injury to employees; and reduce the
risk of injury from manual handling as far as is reasonably practicable.
Avoiding the Need for Manual
Handling:
Your employer must try to eliminate the need for manual lifting. If this is not
possible your employer should consider using mechanical aids, for example by
using a mechanical hoist in clinical or social care areas to fork lift/reach
trucks in the central supplies.
Assessing the Risk of
Injuries to Employees:
Under the 1992 Regulations your employer must carry out a risk assessment. This
must take into account the tasks; the loads involved; the working environment;
an individual’s capacity; and whether movement is hindered by personal
protective equipment or clothing.
Reducing the Risk of Injury:
Your employer must reduce the risk from lifting as far as is reasonably
practicable.
This means reducing the risk until the cost of further precautions - either in
time, trouble or money - outweighs the benefits. Your employer must consider
using mechanical aids. Even small measures such as a mechanical hoist can reduce
the risk of injury.
Your employer should also consider
training in lifting technique.
This should look at:
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How to recognise potentially harmful manual lifts
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Training in good handling techniques
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Using mechanical aids
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How to use any safety systems in place for preventing injury
Q
Is there a maximum and minimum working temperature?
A The law says
your employer must maintain a reasonable temperature in your workplace (Health,
Safety and Welfare) Regulations 1992, Reg. 7). It doesn’t specify a maximum
reasonable temperature, but employers are expected to take reasonable steps to
deal with situations where the temperature is uncomfortably high.
The effects of heat depend on a variety of factors, such as air temperature,
humidity, physical exertion, etc. Experts says the 'comfort zone' is normally in
the region of 16°C to 24°C.
At temperatures above about 25°C heat exhaustion starts. People suffer loss of
concentration, increased accidents and loss of productivity. Symptoms include
irritability, dizziness, headaches, nausea and fainting.
Sweating also can cause problems. You can lose as much as two pints of water an
hour through sweating. If fluids and salt are not replaced, nausea, vomiting and
muscle cramps can occur. Prolonged sweating can cause skin rashes and blocked
pores (or 'prickly heat'). If your body temperature gets too high, heat stroke
can also occur. Research has shown that people who are not used to high
temperatures can only work for an hour or so at temperatures of 40°C before
collapsing, even if the work involves no physical effort.
Q
Is there anything my employer can do to reduce high
temperatures?
A
Where high temperatures are a common problem for much of the working time (for
example, in kitchens) there are things employers can do to reduce the heat.
Insulating or Removing Heat Sources
Identifying the main sources of heat and either shielding them or removing them
altogether will stop the problem at source. When buying new equipment employers
should think about the heat it will generate in use.
Improving Ventilation
Simply increasing the circulation of fresh air can help with some problems. In
kitchen areas, for example, good extraction will carry away steam and hot air
and draw in cooler air. In more serious cases air-conditioning plants may be
needed to bring down the temperature of the air. Ventilation and
air-conditioning equipment needs to be regularly maintained and cleaned to make
sure it is safe and effective.
Q
What can I do if the temperature in my workplace is
unreasonably high?
A
UNISON believes that temperatures above 25°C are unreasonably warm. Where they
occur employers should take steps to reduce the temperature or to make things
more comfortable.
Under the law, there must be enough thermometers around the workplace for you to
determine the temperature where you work.
If it gets too hot where you work, raise it with management. A good manager will
listen to complaints and act on them. Even simple steps like providing cold
drinks will help to show that management are sympathetic.
If your employer recognises the Union, your
local Safety Representative can
use their legal powers to investigate the problem and take it up with management
to get improvements.
If you work for an employer who does not recognise the Union, there may be
less UNISON can do to help.
Calling in the enforcement authorities may help (Health and Safety Executive for
factories, Environmental Health Officers for offices or shops). But the fact
that there is no maximum temperature in the law may limit what they can do.
High temperatures at work can make life a misery and can damage your health.
They can be controlled more effectively where the Union is recognised and
organised.
If you want better health and safety conditions where you work, make sure
you're in UNISON.
Q
What is the
minimum temperature at work?
A
Employees often complain about cold offices or
working environments in December, January and February for obvious reasons. Last
year, over 12,000 complaints were made against employers, alleging cold working
conditions. Workplace temperature levels are legally enforceable, and employees
have a right to refuse work if the minimum temperature falls below 16C. However,
if hard physical effort is required, the minimum temperature is set lower at
13C.
Check your workplace for a thermometer which should be supplied by your
employer. You can then take readings at appropriate intervals and ask your
employer to provide a comfortable working temperature if the readings fall below
the legal minimums. If they do, for example, ask for portable heaters.
Reasonable requests should not be refused. Employers are legally obliged to act
upon your complaint. If working outside, suitable clothing should be supplied to
insulate from the cold. And where possible, local heating should be provided,
for example, in fork-lift truck cabs. Outside workers should also be provided
with regular breaks in a warm environment, to allow recovery from the cold.
Q
What if the workplace temperature is only a problem
occasionally?
A
Where problems may occur occasionally (for example, during spells of
exceptionally warm weather) or when air-conditioning equipment fails, there are
still things which can help:
Fans can help to get the air moving but are less effective in very hot and humid
conditions.
Portable or temporary air-conditioning units can be hired. Wherever temporary
equipment is used don't forget about electrical safety, trailing cables, etc.
Provision of cold drinks can help people cool down and replace fluid.
More frequent rest breaks away from the hot area or job rotation to limit time
spent in the hot area can also help.
Relaxation of dress or uniform codes, for example, letting people work in shirt
sleeves, not insisting that women wear tights or men wear ties, can also help.
Q
Does my employer have a duty to protect me from violent
incidents in the workplace?
A
The best way to protect against violence is to prevent incidents happening in
the first place. Your employer has a duty to make your work as safe as possible.
For example, all NHS Trusts should operate a policy of
Zero Tolerance and incident reporting
and now many organisations and private companies also operate similar policies.
Good trade union organisation reduces the risk. Your local UNISON
health & safety
representative has legal powers to check on your employer's policy and to raise
any problems. With your backing they can negotiate safer systems of working
practice. If you are concerned about the risk of violence talk to your safety
representative.
Q
What breaks
am I entitled to under the working time regulations?
A
The Working Time Regulations 1998 state the
following provision for rest breaks at work and time off:
Rest breaks at work
A worker is entitled to an uninterrupted break of 20 minutes when daily working
time is more than six hours. It should be a break in working time and should not
be taken either at the start, or at the end, of a working day.
Daily rest
Under the Working Time Regulations 1998, regulation 10, a worker is entitled to
a rest period of 11 consecutive hours rest in each 24 hour period during which
he works for his employer.
However, there are a number of special circumstances in which the entitlement to
rest periods does not apply, for example, where the activities involve a need
for continuity of service or production or where there is a foreseeable surge of
activity. Also, if a shift worker changes shift, it may not be possible for them
to take their full rest entitlement before starting the new pattern of work. In
such a case the entitlement to daily and weekly rest does not apply.
Weekly rest
An adult worker is also entitled to one day off a week; this can be averaged
over 2 weeks.
Young or adolescent
workers
If a young worker is required to work more than four and a half-hours at a time,
then they are entitled to a break of 30 minutes. A young worker is also entitled
to twelve uninterrupted hours in each 24-hour period in which they work. Both
these entitlements can only be altered or excluded in exceptional circumstances.
Young workers are also entitled to 2 days off each week and this cannot be
averaged over 2 weeks.
There is a free guidance produced by the DTI (Department
of Trade and Industry), which can provide more information.
Q
Am I entitled to an eyesight test if I work on a VDU?
A The
regulations that cover VDU work are the Health and Safety (Display Screen
Equipment) Regulations 1992.
Regulation 5 covers the employers responsibility for providing eyesight tests
and states:
Where a person -
is already a user on the date of coming into force of these regulations; or
is an employee who does not habitually use display screen equipment as a
significant part of his normal work but is to become a user in the undertaking
in which he is already employed,
His employer shall ensure that he is provided at his request with an appropriate
eye and eyesight test, any such test to be carried out by a competent person.
The guidance states:
Employers have a duty to ensure the provision of appropriate eye and eyesight
tests on request:
to their employees who are already users when the Regulations come into force;
and (thereafter) to any of their non-user employees who are to become users.
The Regulations do not give employers any duty to offer eye and eyesight tests
to persons not in their employment, such as applicants for jobs. However, where
somebody has been recruited and is to work with display screen equipment to the
extent that they will become a user, Regulation 5(1)(b) becomes applicable.
Hence where a newly recruited employee of this kind - whether or not they have
been a user in any previous employment in a different undertaking - requests
one, an appropriate eye and eyesight test should be arranged by their new
employer. The test should be carried out before the newly recruited employee
becomes a user, as required by Regulation 5(2)(b). This does not mean that new
recruits must be given a test before doing any display screen work, but they
would have to be given a test (if they requested one) before doing sufficient
display screen work for this to be regarded as a significant part of their
normal work.
Q
Who is responsible for reporting accidents that occur to
employees at someone else’s premises?
A The relevant
regulations are the Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations 1995 (RIDDOR)
The duty to notify under these regulations rests with the 'responsible person'.
The following table summarises who is the responsible person in most workplaces:
Death, Major Injury, over-3-day injury, or case of disease
Of an employee at work
That person’s employer.
Of a self-employed person at work in premises under the control of someone else
The person in control of the premises: at the time of the event in connection
with their carrying on any trade, business or undertaking.
Major injury, over-3-day injury, or case of disease
Of a self-employed person at work in premises under their control
The self-employed person or someone acting on their behalf.
Death, or injury requiring removal to a hospital for treatment (or major injury
occurring at a hospital)
Of a person who is not at work but is affected by the work of someone else, e.g.
a member of the public, student
The person in control of the premises where, or in connection with the work
going on at which, the accident causing the injury happened: at the time of the
event ; and in connection with their carrying on any trade, business, or
undertaking
Dangerous Occurrences
The majority of dangerous occurrences are reportable by the person in control of
the premises where, or in connection with the work going on at which the
dangerous occurrences happened.
The requirements to report do differ in mines, quarries, offshore installations,
wells and diving operations. Full details are available in L73.
RIDDOR
Explained - free leaflet [350kb]
Q
What can UNISON do to help protect members from work-related
violence?
A
UNISON knows just how serious the risk of work-related violence can be. The
union campaigns to make work safer for all public service works. There are things your employer can and should do to protect you as many
violent incidents could have been prevented.
Every workplace is different and there is no single simple solution in most
workplaces. But here are some pointers:
Physical protection:
Security measures, alarms, CCTV, protective barriers, panic buttons and release
courses can all help.
Training:
Staff need to know what they are expected to do when an incident develops and
how to follow safe working procedures.
Lone working:
Working alone at high risk times, e.g. late at night, should be avoided where
possible. Where staff are expected to work alone, extra precautions should be
taken. Most NHS Trust's have Lone Working Policies.
Incident Reporting:
Employers need to know exactly what risks their staff are exposed to. A reliable
system for recording all incidents helps to build up the picture. Many NHS PCT
and Health Trusts use incident reporting and operates a policy of partnership
working with recognised unions.
Reviewing procedures:
To make sure that things are working properly, employers should review their
procedures on a regular basis in consultation with the union safety
representatives.
See here
for your nearest local representative
The
UNISON Legal Service gives legal assistance to members who are injured in
criminal attacks wherever they occur. You are covered for incidents at work, on
your way to or from work and for incidents that are not related to your work.
If you suffer a physical or a mental injury as a result of:
You you may have a claim with the
Criminal Injuries Compensation Authority (CICA). There are certain rules
that must be met before you get compensation through the CICA scheme. For
example, your injuries must be serious enough to warrant a minimum award of
£1,000. But don't put off making a claim even if you think your injuries are not
serious. There may be later complications.
It is important that you act quickly if you are attacked. This is what you do:
1 Report the attack personally to the police as soon as possible. You must do
this even if someone else, has already reported the incident. Under the CICA
rules you must normally report the incident within 48 hours unless your injuries
prevent you.
2 Report the incident to your employer.
3 Contact your
local UNISON representative or the Legal department at UNISON
Central Office. Making a claim is simple. The
UNISON
Legal service will take you through each step.
See here
By Joining UNISON, you're better off because:
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UNISON members can organise for a safer workplace
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UNISON can provide support and advice to help reduce the risks
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If things do go wrong then UNISON will fight for compensation through our
legal system and Thompson's Solicitors.
www.thompsons.law.co.uk
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