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Dean Duneclift
Member - 19 posts
What qualifies as food?
I had heard that it applies to food prepared on the premises. However I stand to be corrected on this.
So, if a Pub served Crisps or Peanuts, that would be OK, but not if they served a sandwich. So, if you took your own sandwich would that be alright, as it wasn't prepared on the premises!
What if the food was prepared elsewhere and then just heated at the Pub? It all seems very confusing and ill conceived.
We should either leave things as they are, or ban completely. We are all intelligent and informed enough to decide for ourselves, and not be wet-nursed by the Nanny State.
Has any research been done on what Bar staff think about the ban? Many of them must surely be smokers themselves.
PS I am a NON SMOKER.
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Dean Duneclift
Member - 19 posts
Pat,
Do you have a specific place provided for refreshments, e.g. canteen or kitchen? If so, I would see no reason why you should be barred from using it. I would say it is most definitely unreasonable.
If no specific facilities exist then may I refer you to Regulation 25 (1) and paragraph 232 above.
Another factor to consider is the environment in which tou work, in terms of hygiene.
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Dean Duneclift
Member - 19 posts
Regulation 5 of the Display Screen Equipment Regulations (DSE), requires that eye tests are provided for users at regular intervals after the first test, provided they want the test.
Employers should be guided by the clinical judgment of the Optometrist or Doctor on the frequency of testing.
The frequency will vary between individuals according to factors such as age.
Opticians normally suggest 2 year interval for ordinary spectacle wearers, so this would be a good guideline.
The duty on Employers is to provide a test where a user requests one. The provision of eye and eyesight tests and of special corrective appliances under the DSE Regulations is at the expense of the Employer.
Hope this helps .....
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Dean Duneclift
Member - 19 posts
At first glance I tended to agree with Philips comments, but one or two of the articles caught my attention and I took the time to read them.
I found them more informative and in-depth than I first thought, so my attitude is now in general favour of the publication.
But if the number of comments in this item is anything to go by, it seems that most members are indifferent to it.
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Dean Duneclift
Member - 19 posts
Peter,
Regulation 25 of Workplace(Health, Safety & Welfare) Regulations covers the subject. I have included the reg. in its entirety below, including The AcOP and guidance; Hope it helps !
DEAN.
Regulation 25: Facilities for rest and to eat meals
Regulation
(1) Suitable and sufficient rest facilities shall be provided at readily accessible places.
(2) Rest facilities provided by virtue of paragraph (1) shall -
(a) where necessary for reasons of health or safety include, in the case of a new workplace, an extension or a conversion, rest facilities provided in one or more rest rooms, or, in other cases, in rest rooms or rest areas;
(b) include suitable facilities to eat meals where food eaten in the workplace would otherwise be likely to become contaminated.
(3) Rest rooms and rest areas shall include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke.
(4) Suitable facilities shall be provided for any person at work who is a pregnant woman or nursing mother to rest.
(5) Suitable and sufficient facilities shall be provided for persons at work to eat meals where meals are regularly eaten in the workplace.
ACOP
227
For workers who have to stand to carry out their work, suitable seats should be provided for their use if the type of work gives them an opportunity to sit from time to time.
228
Suitable seats should be provided for workers to use during breaks. These should be in a suitable place where personal protective equipment (for example respirators or hearing protection) need not be worn. In offices and other reasonably clean workplaces, work seats or other seats in the work area will be sufficient, provided workers are not subject to excessive disturbance during breaks, for example, by contact with the public. In other cases one or more separate rest areas should be provided (which in the case of new workplaces, extensions and conversions should include a separate rest room).
229
Rest areas or rooms provided in accordance with regulation 25(2) should be large enough, and have sufficient seats with backrests and tables, for the number of workers likely to use them at any one time.
230
If workers frequently have to leave their work area, and to wait until they can return, there should be a suitable rest area where they can wait.
231
Where workers regularly eat meals at work suitable and sufficient facilities should be provided for the purpose. Such facilities should also be provided where food would otherwise be likely to be contaminated, including by dust or water, for example:
(a) cement works, clay works, foundries, potteries, tanneries, and laundries;
(b) the manufacture of glass bottles and pressed glass articles, sugar, oil cake, jute, and tin or terne plates; and
(c) glass bevelling, fruit preserving, gut scraping, tripe dressing, herring curing, and the cleaning and repairing of sacks.
232
Seats in work areas can be counted as eating facilities provided they are in a sufficiently clean place and there is a suitable surface on which to place food. Eating facilities should include a facility for preparing or obtaining a hot drink, such as an electric kettle, a vending machine or a canteen. Workers who work during hours or at places where hot food cannot be obtained in, or reasonably near to, the workplace should be provided with the means for heating their own food.
233
Eating facilities should be kept clean to a suitable hygiene standard. Responsibility for cleaning should be clearly allocated. Steps should be taken where necessary to ensure that the facilities do not become contaminated by substances brought in on footwear or clothing. If necessary, adequate washing and changing facilities should be provided in a conveniently accessible place.
234
Canteens or restaurants may be used as rest facilities, provided that there is no obligation to purchase food in order to use them.
235
Good hygiene standards should be maintained in those parts of rest facilities used for eating or preparing food and drinks.
Guidance
236
The subject of eating in the workplace is also dealt with in other Regulations concerning asbestos, lead, and ionising radiations, and in Approved Codes of Practice on the control of substances hazardous to health and on work in potteries15-22, 74.
Facilities for pregnant women and nursing mothers
ACOP
237
Facilities for pregnant women and nursing mothers to rest should be conveniently situated in relation to sanitary facilities and, where necessary, include the facility to lie down.
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Dean Duneclift
Member - 19 posts
I agree with the idea, but one can't help but think that the licence will have to be paid for, specialist equipment installed and there will be legislation to be complied with, Adding further to the financial burden and red tape business already has to contend with.
I realise that this is only one side of the argument, Public health being the other, but it should be taken into consideration.
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Dean Duneclift
Member - 19 posts
I'm reminded of the old joke that the Government would tax fresh air if they could find a way. This comes pretty close.
P.S....I'm a Non-smoker.
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Dean Duneclift
Member - 19 posts
In the point below, can anyone clarify exactly what "any one week" means precisely? Is it any week from a given set day, e.g. Monday, or any 7 day period irrespective of the day it commences?
5. No worker can work more that 65 hours in any one week, unless there is a collective agreement which provides for longer.
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Dean Duneclift
Member - 19 posts
I agree with Geoff Hills,Juliana Martin and Fiona Kincaid.
The term "Christian Name" doesn't literally mean what it says in modern society, its understood to refer to ones first name, so why should anyone be upset by it?
It seems that you can't say or do anything without offending somebody somewhere, but that doesn't mean necessarily mean you're a bigot or a racist.
I agree with Peter Hoare that we should be respectful, but surely that must be a mutual respect, and not a one way street........
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Dean Duneclift
Member - 19 posts
Simon,
Routine travel to and from work and travel outside of working hours does not normally count as working time.
Go to this site, the guide is very helpful, and should answer all your questions.
http://www.dti.gov.uk/er/work_time_regs/wtr0.htm
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Dean Duneclift
Member - 19 posts
Margaret,
The text below is taken directly from the DTI website guidance. It would appear that your daughters' employer is on shaky ground. the only thing I'm not sure about is whether they can make the opt-out a condition of employment. My interpretation is as this amounts to a "no choice" situation, that they should not do this. Also bear in mind the opt-out is for the 48 hour working week only; The rest of the regulations still apply.
* An individual worker may agree to work more than 48 hours a week. If so, he or she should sign an opt-out agreement, which they can cancel at any time. The employer and worker can agree how much notice is needed to cancel the agreement, which can be up to three months. In the absence of an agreed notice period, the worker needs to give a minimum of seven days' notice of cancellation.
* Employers cannot force a worker to sign an opt-out. Any opt-out must be agreed to. Workers cannot be fairly dismissed or subjected to detriment for refusing to sign an opt-out.
* Daily rest
A worker is entitled to a rest period of 11 uninterrupted hours between each working day.
* Weekly rest
A worker is entitled to one whole day off a week.
Regards,.........DEAN.
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Dean Duneclift
Member - 19 posts
In reply to Claire Mitchell:
If you are entitled to 1 hour for lunch, then you really should take it. You say you are in the office longer than your colleagues. The crucial point is whether you are working for that additional time, or whether you are just present. If you are working then you're are doing so voluntarily and unpaid as you are doing so in your own time.
You could certainly ask to be paid for this, but I'm not altogether convinced you would get very far as the question of whether you actually need to work this extra time could be raised. I'm sure there are bosses out there whose opinion would be that if you need to do this, then you're not working hard enough in your normal hours !!
Perhaps the solution could be to negotiate a 30 minute lunch break and go home earlier?
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Dean Duneclift
Member - 19 posts
Most interesting article.
What about where facilities are provided (staff canteen), but staff choose not to use it and remain at their desk, often to the annoyance of others as sometimes the smell of some foods overpowers the office!
Some individuals have even asked for white goods such as fridges, microwaves etc. to go in the office they work in.(politely refused!). All these facilities are available in the canteen.
Is it within the company's rights to request that employess use the facilties provided, or can they continue to use the office?
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Dean Duneclift
Member - 19 posts
Carry out a suitable and sufficient Risk Assessment Patrick. This is the tool for evaluating the risks to your drivers. It is up to your company to assess the risks to its employees in these circumstances.
It is important to distinguish between the different hazards here. The ROPS (Roll over Protective Structure) serves purely to prevent just that. It will not stop the operator from falling out in such a situation.
The restraining system should prevent the operator from falling out or being trapped by the truck or the ROPS in the event of a roll over.
A lot also depends on whether the Fork Lift has a fully enclosed protective structure or not.
If the operator is unable to fall out then they won't be at risk of being crushed between work equipment and the ground. But even in this case, if the assessment shows it can happen, you must consider the possibility that the protective structure itself may cause injury by coming into contact with it. A restraining system may still be needed.
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Dean Duneclift
Member - 19 posts
Perhaps this guidance may help you. We are currently nearing completion of a PTW review, and this is the advice I gave to the Group at the beginning.
PTW is a formal written system used to control certain types of work which are potentially hazardous. It is not a Safe system of work, but merely forms part of such. It places on record a series of answers to a number of assessments to ensure the health & safety of personnel, and integrity of plant & buildings. It pre-determines a safe drill, and is a clear statement all foreseeable hazards have been considered and taken in correct sequence.
It DOES NOT in itself make the job safe, but depends on specified persons carrying out the task conscientiously , with high levels of supervision, control, and training of staff.
TYPICAL CIRCUMSTANCES.
Examples of work that may be considered (but not limited to) are:
Confined Spaces/Vessels,
Hot work ( in areas where flammable materials are in close proximity for example)
Pipe break-ins which hold hazardous substances
Pressure Testing
Lifting eqpt Operations.
Asbestos.
Working at heights.
Electrical work etc.
The form should be as simple as possible to complete and understand to avoid misinterpretation. Many companies use job specific forms, or colour coded forms to indicate clearly the type of work undertaken.
The content should include:
Who is to do the work - are they trained and competent?
When - validity/timescale of permit
Specifc work to be undertaken.
Precautions to be used (Isolation/Removal etc.)
Eqipment clearly specified. (PPE/Harness/BA etc.)
Demarkation of affected area
Location.
Emergency Facilities.
Rescue Eqpt.
Notification of permit to work.
TO CLARIFY:
Assess. Evaluate. Identify. Control. Implement. Monitor.
Forms are normally in TRIPLICATE. One copy is held by the CO-ORDINATOR, One is issued to the person in charge of the area, One to the person in charge of the work. On completion and final clearance of the permit, all copies returned to Co-ordinator. Only the Co-ordinators copy should be retained, the others destroyed.
OTHER POINTS.
The PTW should be clearly displayed at the work area if practicable, and consideration may be given to displaying a "Focal point" notice board displaying all valid PTW's. , and controlled by the Co-ordinator.
PTW may not be issued for self use.
Suggestions have been made that PTW should be issued for all jobs. THIS MUST NOT HAPPEN. Its value as a document is lost if it is used for routine practices. Save its use only for hazardous operations.
regards,...DEAN.
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Dean Duneclift
Member - 19 posts
I agree with Alan Massons note regarding the intention behind the legislation and hope it makes the impact it is meant to do, but how it will be perceived is another matter. Matthew & Darren's comments are far more accurate in representing how this will be seen, and how a great many people probably feel, but fear speaking out.
Also, if the minority groups wish to be accepted and integrated in this most tolerant of societies, why do many appear to actively separate themselves by demanding their own special privileges?
I have heard on numerous occasions, as has Darren, That we should not display our English & Union flags as they are a racist symbol and may upset ethnic minority groups etc.
We should display our National Emblem with the same amount of Pride as every other country in the World. The flag represents our Kingdom as a whole, not our past, or a small minority of racists & bigots.
We CAN all live together in this country, but we must continue to tear down the barriers between cultures, and not keep raising new ones.
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Dean Duneclift
Member - 19 posts
The regulations state that a fuse to BS 1362 of the correct rating should be fitted. (Plugs & Sockets Safety Regulations 1994). The main reason almost every appliance we use has a 13 amp fuse in is because thats what the plug manufacturer fits, as they don't know what you are going to use it for.
So, if your PC states (for example) that a 5A fuse should be fitted, then that is what you should do. As electronic equipment generally draws very little current, (The very latest PC's have a max 400w PSU which is more than enough), faults can occur in components that may not draw sufficient current to blow the fuse,(eg overheating component) Though obviously a short would take it out.
Take for example a PC with a 350 watt power supply. This could draw a maximum of 1.5 amps under normal conditions. So to blow this fuse a fault current greater than 10 times that which it normally uses must be generated. It is not too difficult to imagine a small component which draws a few millamps, getting very hot, yet it is unlikely to draw a current great enough to blow the fuse.
Remember also that that 13 amp rating is the maximum current that the fuse can constantly sustain without any problem, and not the current required to blow it.
There are many well documented cases where faults have occured and yet the fuse has not blown, resulting in some serious accidents, fires, and indeed fatalities.
If you are concerned with in rush currents, then anti surge sockets can be used, but normally domestic fuses cope with these very well.
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Dean Duneclift
Member - 19 posts
I agree fully with Ian Reed. I fail to see how stress can be a positive factor. Pressure however, provided it is not excessive and too frequent can improve "performance" in the workplace, but not "satisfaction" as quoted in the article in my opinion. No matter how tough mentally we think we might be, everyone has a limit. Too much pressure will always lead to stress, albeit in varying degrees, dependent on the individuals ability to cope with the level of pressure they are exposed to.








