Comments by Ted Thornton

Ted Thornton
Member - 30 posts

Jennifer:

It depends on the lease. If the lease provides for you to do any maintenance and refurbishment - or similar - then yes. It is not uncommon for landlords to pass the responsibility for carrying out these tests onto the tennants - but it should be within the lease agreements - or it will fall on the landlord to untdertake it - and then (most likely) put it on your service charge.

Ted Thornton
Member - 30 posts

Where a person is permitted or encouraged to work from home, the employer has a specific duty for a number of issues, in particular the suitability of the ?workplace? that the person will be using, and the suitability and safety of any equipment (even if owned by the person) that is, or could be, used for work purposes.

The main hazards of home working usually include the following:

? The ergonomics of office work (including the worker's posture, the environment, the workstation layout and the tools and software that they use).

? The hazards caused by lack of space.

? The safety of the equipment used (whether issued by the employer or not).

? The safety of any electrical wiring used for the purposes of the employer's work.

? Any hazardous substances used as part of the work (there are some used even in office work).

? Problems of access and egress to the home office (some have been set up in attics).

? Slips, trips and falls through trailing cables or inadequately stored items as a consequence of inadequate installation of equipment, storage facilities or lighting.

? Increased risk of fire in the home as a result of the increased occupancy and through the increased use of equipment.

? Increased risk of burglary due to the greater amount of valuable and portable office equipment.

? Psychological problems through reduced communication with the supervisor or manager or because of the social isolation caused by working alone.

If the person does not have sufficient physical space to provide a suitable, safe, work area, it will be necessary for you to take some other action to ensure that they can do this, by providing alternative arrangements. Some organisations have provided a ?home office? completely fitted out in a small ?portacabin? that can be put in a garden with reasonable ease, providing suitable separation of ?work? and home and ensuring the safety of work equipment. However this is not an option if the person lives in a house with no garden, or a flat or a dwelling where they cannot use the garden exclusively in this way. It is worth remembering that if the home has work equipment in it, the employer is liable for the safety of people affected by this at all times ? including children in the house if they can easily gain access to it.

The comments made by Iain Montgomery above are very good, and correct. In short in exactly the same way as if you did not have space for suitable office facilities in your normal office premises you would have to make other arrangements ? if there is not sufficient space in your employees private home, or they are unwilling to lose the amenity in their private home, then you will have to make other arrangements, such as the renting of a small ?lock-up? office or similar local to the worker ? a ?home office? does not actually need to be in their home, just close by.

I hope that this helps.

Ted Thornton
Member - 30 posts

Interestingly enough the syndrome of 'Blackberry Thumb' has been noted in the USA, as shown in the article in the Washington Post

http://www.washingtonpost.com/wp-dyn/articles/A10280-2005Apr22.html?referrer=3Demail

Ted Thornton
Member - 30 posts

The general requirements come from the Fire Precautions Act 1971 and the Fife Precautions (Workplace) Regulations 1997. However, both of these give general requirements, not the specific detail regarding fire extinguisher numbers. The relevant British Standard for this is BS 5306 'Fire Extinguishing Installations and Equipment on Premises', Pt. 3: 1985 Code of Practice for Selection, Installation and Maintenance of Portable Fire Extinguishers.

In general, it must be remembered that the function of a portable fire extinguisher is to deal with small fires that are caught very soon after ignition and no fire much larger than a waste paper bin. In addition the type of fire that is likely to occur in any particular area will determine the fire extinguisher types and the relative numbers of them. When selecting extinguishers, a particularly important factor is their portability and ease of use. As a result, the maximum weight that is considered as portable is 23kg. It is important that the means of operation of all extinguishers - certainly those of the same type - should be the same to prevent errors during use. Similarly, when the extinguisher is recharged, it is likely to invalidate their rating and compromise their ability to extinguish fires, if the correct powder, liquid or pressure recharge is not used. Certain extinguishers have differing means of delivering the extinguishing medium, for example as a jet or as a spray. The type of delivery will be determined by the likely risk and whether one type of a nozzle that can switch between the types of delivery mode will form part of the selection criteria.

The selection criteria for portable fire extinguishers are given in BS 5306 'Fire Extinguishing Installations and Equipment on Premises' and includes:

? That the rating of the extinguisher is sufficient to meet the risk in the area of use

? That the type of extinguisher is suitable to be used on the likely class of fire in that area

? That potential users have been, or can be trained in their use

? That they are capable of being carried by all potential users

? That the means of operation is the same for all extinguishers in an area - preferably throughout the entire premises or site

? That the type of delivery mode - e.g. spray or jet - is the correct one for the risk, and that it is easy to switch between them if necessary

? That the correct supplies for replenishment, and the method for carrying this out, are easily available

It is recommended that extinguishers are not put into offices, but at fire points in the means of escape routes. If the extinguisher is in the office it will encourage use, before the person has established their escape route, and possibly before they sound the alarm ? both of which could be fatal. Thus cluster the extinguishers at a fire point in the escape route next to a fire alarm call point.

I hope that this helps.

Ted Thornton
Member - 30 posts

The provision of kettles does involve you in more work, particularly a risk assessment and also the regular checking of the electrical equipment. It may be worth remembering that there is no mandatory requirement for provision of kettles and the machine is likely to be suitable, even if not liked. You will need to initiate regular user checks: the casing of the kettle, the plug, the cable and check that it functions correctly. You will also need to do regular portable appliance tests ? the failure to do this is what has caused the electrical shock injury recently. The user inspections (at least weekly) and the combined inspection and test at a suitable interval should show the faults before they become serious, but replacement would only be necessary if the inspections found a fault, otherwise it would be unreasonably wasteful. The proposal to use the hot water machine instead of the kettle seems reasonable, but without sufficient information, it is not possible to make an informed suggestion on this.

The carrying of hot liquid ? unless it is still in a connected kettle it will not be boiling ? is indeed a matter for concern, but no different to the expectations of anyone making hot drinks. It would be advisable to remind people to take care when carrying hot liquid, and possibly a workplace inspection to look for slip or trip hazards would help. Alternatively you could make it a rule that drinks were only to be consumed within the rest area ? but this is likely to cause friction and reduction in work as people will want to take more breaks.

In general, you should undertake a risk assessment, determine a suitable inspection and test regime for the kettle or any other electrical equipment, determine if there are risks from slips trips or falls while carrying hot liquid and ? most importantly ? consult the staff to see what their problems with this are, and raise the awareness of the need for safety, taking into consideration the recent injury.

I hope that this helps.

Ted Thornton
Member - 30 posts

If sending many texts by SMS are a part of the job - then yes. Usually this is not part of the job, so usually, no!

Thanks

Ted

Ted Thornton
Member - 30 posts

Neither of the items of legislation, the Fire Precautions Act 1971, nor the Fire Precautions (Workplace) Regulations 1997, go to this level of detail in requiring tests. However in both the requirement ? either explicitly or implicitly ? is for fully functioning means f raising the alrm, ensuring safe evacuation and fighting the fire, which is what your systems do. Thus you will need to ensure that they are properly installed, properly maintained and properly tested on a regular basis to ensure that they are in fact working correctly. In general the maintenance and testing regime will be recommended by the supplier or installer. However it is likely that it will comply with the relevant British Standard such as ?BS5839-1:2002 Fire detection and alarm systems for buildings. Code of practice for system design, installation, commissioning and maintenance? (available from BSI), which you could consult for further guidance.

With the move to less prescriptive legislation, making it more risk assessment based, the onus is on the employer or controller of the premises to determine ? usually in conjunction with the installers and suppliers ? a suitable test regime for all their fire protection systems.

Thanks for this, and I hope that helps.

Ted Thornton
Member - 30 posts

Presuming that you do mean a foreign travel policy, perhaps the following will help:

When an employee is working at a site outside the UK, they are required to work to UK legislation, but their hosts in that country are not; in addition the employee is also required to comply with local legislation. Where conflicts exist they must be resolved before work commences by consultation with the host or client. A broad rule of thumb is that the most stringent of either local or UK legislation must be applied to each situation and the client or host should be able to help.

Whether working in the UK or overseas the same communication of information is needed between the employee and the client, the added complication is that some information will not be available. An example of this would be information on hazardous substances - not every country has regulations similar to the Control of Substances Hazardous to Health Regulations 2002 (COSHH regulations). Where information is not available, it is up to the employee to assess, where they can, the risk of injury to themselves and take appropriate action.

A risk assessment should be undertaken by you or the person scheduling the trips (in conjunction with the engineers and the contact in the other country) ? taking into account three aspects:

? The work the person is expecting to do ? your staff can help here

? The specific hazards of the environment in which they will be working

? Any particular local hazards, such as terror attacks, civil disturbance, local customs or similar

The last two can be obtained from the local contact (client or host) and the Foreign and Commonwealth Office website http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029390590

Their advice includes:

? Check the Foreign & Commonwealth Office (FCO) Travel Advice or call 0870 606 0290.

? Get travel insurance and check that the cover is appropriate.

? Check what vaccinations you need at least 6 weeks before you go and consider whether you need to take extra health precautions - www.dh.gov.uk

? Get a good guidebook and get to know your destination. Find out about local laws and customs.

? Ensure you have a valid passport that is in good condition and the necessary visas.

? Make copies of your passport, insurance policy plus 24-hour emergency number, and ticket details. Leave these copies, your itinerary and contact details with family and friends.

? Take enough money for your trip and some back-up funds eg travellers cheques, sterling or US dollars.

? Make sure your travel organiser can provide sufficient evidence of security for the refunding and repatriation of consumers in the event of insolvency. This security must be in place by one of several Financial Protection Organisations.

? If your travel involves passage on airlines with which you are unfamiliar, you may wish to check their safety and reliability with a reputable travel agent.

? Take enough money for your trip and some back-up funds eg travellers cheques, sterling or US dollars.

From personal experience, I can particularly recommend the use of a phrase book (a few words goes a long way!) and a good guide book, and it is very useful to have a credit card with plenty of credit limit (at least £1,000 sterling ? preferably more, an emergency flight could save a life!) and US dollars are (surprisingly) almost universally accepted around the world in most shops.

The risk assessment should consider ? at least ? the following issues:

? Proper preparation for the expected tasks ? remembering that they will be in a different time zone, so contact for advice is limited

? Lack of immediate support and information

? Suitability and fitness of equipment - particularly for different voltages, temperature and humidity

? Access to adequate personal protective equipment (PPE)

? Full instruction, information and training

? Competence of the worker

? Local transport ? remembering to find out reasonable tips

? Communication ? mobiles can work in many areas, but remember the time difference 9. Lone working

? Emergency facilities ? carry a first aid kit and have medical repatriation details

? Personal fitness ? it is difficult getting some prescription medicines abroad

? Authorised access areas and prohibited areas at the client?s site

? Welfare facilities

? Personal safety ? in some countries armed escorts are necessary

? Risk from animals ? including rabies, insect and other animal bites

? Exposure to the effects of weather

It is important to remember that inoculations and vaccinations are required for visits to many other countries (see the Department of Health site or your GP ? some will be paid for by the NHS). These should be arranged through a doctor. It is important to note that it is necessary to have many of these treatments some weeks before travel and to have them repeated at intervals for continuing protection if needed.

This should help you to prepare a policy, much more advice is available on the FCO site mentioned earlier. There is a rather good general site giving reference to publications which you may find useful at http://www.transitionsabroad.com . The key items include a valid passport ? many countries want at least 6 months validity, a valid visa and clear means of return home (return air ticket).

I hope that this helps.

Ted Thornton

Ted Thornton
Member - 30 posts

Kate

Do you mean travel within the UK or abroad?

Ted Thornton
Member - 30 posts

The 2002 regulations are the correct - the 1999 regulations were repealed by the 2002 regulations and thus the 2002 regulations are the current legislation for the control of substances hazardous to health. Our apologies for this.

Ted Thornton
Member - 30 posts

Yes, in my opinion they are. The significant part is the fact that you say they check that visitors 'are who they say they are', i.e. are members and have a proper right of entry, which is a significant part of a door supervisor's function.

Ted Thornton
Member - 30 posts

It is not possible to have a generic spill procedure as it depends very much on the substance concerned, the quantity spilt and the layout of the premises (specifically access to drains). However, most of the information you seek is contained within the Manufacturers Safety Data Sheet, as provided for in the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP 3), that you will have as part of your COSHH assessments.

The MSDS must, by the requirements of the CHIP 3 Regulation 5, contain the following:

? Identification of the substance/preparation and company.

? Composition/information of ingredients.

? Hazard identification.

? First-aid measures.

? Fire-fighting measures.

? Accidental release measures.

? Handling and storage.

? Exposure controls/personal protection.

? Physical and chemical properties.

? Stability and reactivity.

? Toxicological information.

? Ecological information.

? Disposal considerations.

? Transport information.

? Regulatory information (i.e. occupational exposure limits).

? Other information.

As can be seen, the 6th section deals with accidental release measures (i.e. spills) which is the part you need, also a relevant section is the disposal part as well.

With respect to the means with which you control the effect of spills ? in line with the recommendations ? there are a number of spill response kits and products available from a number of organisations, such as:

? Pig, 5-9 Dunlin Court, Bellshill, Lanarkshire Tel 0800 919 900

? Safety Unlimited, Waltham Cross, Hertfordshire Tel 01992 715370

? Darcy Products Limited, Invicta Works, Mill Street, East Malling, Kent ME19 6BP Tel 01732 843131

? 3M United Kingdom PLC, 3M Centre, Cain Road, Bracknell, RG12 8HT Tel 08705 360036

In each case the significant factor is the type of material that is being spilled ? which you will get from your MSDS.

I hope that this helps.

Ted Thornton
Member - 30 posts

The general hazards that people working away from base may be exposed to - and thus should be specifically considered and controlled ? will include:

? Proper preparation for the expected tasks

? Lack of immediate support and information

? Suitability and fitness of equipment

? Access to adequate personal protective equipment (PPE)

? Full instruction, information and training

? Competence of the worker

? Transport

? Communication

? Lone working

? Emergency facilities

? Personal fitness

? Authorised access areas and prohibited areas

? Welfare facilities

? Personal safety

? Exposure to the effects of weather

With respect to driving to the various visited locations, driving at work is an issue:

Before a driver is allowed to drive on company business, the employer must satisfy themselves of the following:

? Does the driver have a current and clean driving license (no bans or excessive penalty points)?

? Is the driver physically fit enough to drive?

? Is the vehicle (company, privately owned or hired) taxed, MOT'd and insured?

? Has the vehicle been properly maintained (it is worth noting that some private insurance policies exclude driving for work purposes)?

? Is the vehicle in a roadworthy condition (tread on tyres, exhaust not blowing, lights working, etc.)?

When visiting a tennant?s home, the following advice from the Suzy Lamplugh Trust should always be considered:

Ensure your own safety

? Always remember why you are there, it is their home, and you are going into it

? Their home is their territory and they are in command

? Your job may represent a threat to their personal space and sense of well-being

? Go in daylight if possible

Think before you go

? Is it necessary for you to go alone, or can you be accompanied?

? Is there any information on the place you will be working, such as records/reports, that could be available to you before you go?

? Ensure that people know when you are going and (if possible) how long you will be there.

? Ensure that you have someone to check in with (a friend/colleague/manager).

? Ensure that you have some reliable means of communication, such as a telephone, phone card, money, and access to the relevant telephone numbers.

? Find out about the location of their home and how you intend to travel to and from it - taking account of any public transport limitations or parking difficulties that there may be.

When you arrive

? Say who you are, why you are there and show your ID if you have one

? Check who you are talking to - do not enter the house at all if the appropriate person is not available

? Let the person you are visiting know (honestly) how much of their time you will need?Wait to be invited in, or at least ask if you can go in

? You may decide not to go in or to leave immediately (e.g. if the person is drunk or aggressive)

? Listen to your instincts

? Check as you go in how the front door locks

? Take only what you need into the house

? Take care with documents you may not want them to see

? Study your surroundings and look for an exit

? Ask for dogs or other animals to be put in another room

? Try not to react to bad, dirty or smelly surroundings

? Remain alert - watch for changes in mood, movements or expressions

? Do not spread your belongings around - you may need to leave in a hurry

? If you feel at risk, leave as soon as possible

? If you are prevented from leaving or are threatened, stay calm and try to control the situation

? Do what you have to do to protect yourself

When you leave

? Ensure that you use the reporting-in system to notify that you have left the area and when you expect to arrive at the next

? Once you have reported that you have left a premises, do not return there without informing your contact

The Suzy Lamplugh Trust has a free leaflet called Working Safely In Other People's Homes. For further information send a self-addressed envelope to: The Suzy Lamplugh Trust, 14 East Sheen Avenue, London SW14 8AS. Tel: 020 8392 1839 http://www.suzylamplugh.org.

I hope that this helps.

Ted Thornton
Member - 30 posts

The requirement for a change in the Noise at Work Regulations 1989, actually arises from an EU Directive, thus is outside the control of the UK government. However the figure quoted (140dB) is actually the peak action level, and not the second action level at which the use of hearing protection is mandatory ? which is the Second Action Level, currently 90dB averaged over 8 hours, which is set to reduce to 85dB with the change in legislation.

The requirement is for exposure to noise at work ? which includes the exposure of the bands themselves, as well as the audience ? to be properly controlled so that it does not pose harm to the hearing of those exposed ? the bands and the audience. Indeed many live orchestras are utilising one ear plug in one ear during rehearsals which is swapped to the other ear during performance to ?balance out? the reduction in exposure, thus controlling the risk quite successfully, whilst still allowing live performance.

Reduction in noise from live performers is possible, although it does take some work at the venue. Some information on how this will be enforced is obtained from the Local Authority Circular ? ?Advice On The Enforcement Of The Noise At Work Regulations 1989 In Leisure Premises (Where Recorded Or Amplified Music Is Played)? (available online at www.hse.gov.uk/lau/lacs/59-5.htm ). Some research with respect to the exposure of workers in live music venues has been published as a research report by the HSE in RR026 (available online at www.hse.gov.uk/research/rrpdf/rr026.pdf ), and of sound levels at pop concerts in CRR 35 (available from HSE Books ISBN 0 1188 5995 1) which may give some insight to the harm that can be posed to workers by the hazard of loud music, that employers will need to protect under their general duties to employees from the Health and Safety at Work etc. Act 1974. Whilst I agree it would be nice if we could trust those exposed to the high levels of noise at live concerts to protect themselves, there is a duty under the Health and Safety at Work etc. Act 1974 Section 3 to protect those affected by work activities ? which live concerts are ? and also with the likelihood of litigation under civil law which is very prevalent now, it is a dangerous assumption for an employer ? and a live venue owner and promoter ? to make.

I hope that this helps

Ted Thornton
Member - 30 posts

It is useful to note that the regulations do not specify a temperature, it is a recommendation in the ACOP. The Approved Code of Practice to the Workplace (Health, Safety and Welfare) Regulations 1992 states in relation to Regulation 7 ?Temperature in indoor workplaces? that the temperature should be ?taken using a dry bulb thermometer, close to workstations at working height and away from windows? [paragraph 43 of the ACOP]. Thus your general measurement is reasonable. However since the requirement in Regulation 7(1) is that the temperature should be ?reasonable? it is worth considering how much discomfort is put upon people if the floor temperature is significantly colder than this.

On the other hand, since it is reasonable to consider that they will be wearing shoes, the temperature would have to be very cold for the insulation of the shoes to be insufficient to protect them. If this is indeed the case then either extra carpet for insulation may be necessary or extra breaks during which they should be encouraged to move away from the cold areas and to increase the circulation by movement may help.

Ted Thornton
Member - 30 posts

The two main areas of guidance on the frequency of testing of portable appliances are given in the HSE publication INDG236L ?Maintaining portable electrical equipment in offices and other low risk environments? whilst the most complete guidance available anywhere is the IEE publication ?Code of practice for in-service inspection and testing of electrical equipment? (available from the Institution of Electrical Engineers, ISBN 9 8529 6844 2). Indeed the equipment should be visually checked ? by the users (who should be trained to do this) ? regularly, possibly more often than once a year. However the ?formal inspection and testing regime is much less frequent ? depending on the likely level of harm to the equipment ? in line with the answer given earlier (taken from the HSE publication).

I hope that this helps.

Ted Thornton
Member - 30 posts

The required floor space is mainly affected by fire safety ? the need to get everyone out in a reasonable time. The commonly accepted floor space factors are obtained from the HMSO publication ?Fire Precautions Act 1971; Guide to fire precautions in existing places of work that require a fire certificate?. The factors are determined by the use to which the building is put. In your case ? an art gallery ? the most relevant section in the table is (vi) Exhibition hall ? for which the space factor is 1.5 square metres per person. Note that the space factor for an assembly hall (which I do not think is relevant here) is actually 0.5 square metres per person and a conference room or meeting room is 1.0 square metres per person ? but I would stay with 1.5 for your purposes. However, this presupposes that the means of exit ? significantly door widths ? are more than adequate for these numbers. In the same publication, the requirement is for two means of exit from a room where it will be occupied by more than 60 people, and the door widths must be no less than 750 mm for up to 100 people, and no less than 1.05 metres for an occupancy of up to 200 people ? with an extra 75mm for every 15 more people in occupancy. Note 750 mm is one ?normal? door and 1.05m is two doors.

There is one particular caveat to all this and that is the hazard is considered as ?normal? for these figures. If there is a particular extra hazard in the area ? for example flammable materials, or difficulty in leaving due to obstructions ? then the risk should be assessed and the occupancy reduced accordingly.

You will almost certainly find that your exhibition licence ? granted by the local authority ? has specifications regarding maximum occupancy of the exhibition rooms, which must be considered. Also your fire certificate will also have similar maximum occupancy figures ? that could be less than the figures given above, as a result of particular local conditions in the gallery. Advice can be sought from the Fire Protection Officer at the local fire station, if you need more specific help.

I hope that this helps.

Ted Thornton
Member - 30 posts

It could be that this elbow pain is caused by the use of a ?palmtop? device ? it would depend on your posture when using it. Similarly, holding a phone on the shoulder when using the device could cause neck problems. It is as well to appreciate that a ?Palmtop? device ? Blackberry, PDA, or similar ? DOES fall within the remit of the Health and Safety (Display Screen Equipment) Regulations 1992, and thus requires a proper risk assessment. The need for this is obvious from this thread, the use of this form of display screen equipment ? and it is DSE! ? can cause harm if not properly controlled, hence the need for a ?suitable and sufficient;? risk assessment. Mostly this assessment will just identify the problems caused by extended use of any of the input techniques ? thumb or stylus ? And either provide (where possible) an external keyboard or ensure that this is not the only means of communication the user has, and thus restrict their need to keep keying in over extended periods.

Ted Thornton
Member - 30 posts

Yes! All accidents, no matter how small should be recorded in the accident book. This allows the injured person to prove ? for the purposes of statutory sick pay (if necessary) that it was an accident at work. In addition it enables the employer to see all accident occurrences which will assist them in prioritising the necessary control measures to prevent future ones. In actual fact it is useful to record even those incidents that do not cause injury in your organisation?s incident reporting system (although not in the accident book). These incidents, known as ?near miss? incidents, can highlight potential failings in health and safety which ? if sorted out ? can prevent future injuries happening at all.

So, in short, all incidents ? whether causing injury or not ? should be reported and considered, it helps to cut the costs of accidents and stops the money draining away.