Glasses Contribution

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Hi Chris, my recollections are that the word "demand" is transposed with the word "request" under section '5' where an employer is reactive and not proactive even under the UK translation of the EEC DSE Directive 1990 and regardless of any limitation to refractive correction for PPE glasses.

Any wriggling by the employer will be viewed as contributory negligence as, first and foremost, any mitigative or preventative intervention has to be "effective" leaving any comfort or cost consideration in the selection of PPE last to be considered.

Check out Threlfall -V- Hull City Council and where long term exposure or a potential hazard exists you might have a look at Baker -V- Quantum Clothing Group and Others it was found that paying lip service to hazards resulted in the employer being found negligent.

I shouldn't worry too much about the future as by next year there should be an improved even specific EU MSD Directive that may also include a user / operator stress audit and that could put the cat amongst the pigeons depending if that includes the introduction of health screening to the risk assessment for Screen Fatigue subjectively reported by 58% of users (HSE RR561 2007)...........

After all it is the 21st anniversary of the original EEC DSE Directive.. that has done little or nothing to reduce the common affects of Screen Fatigue and related MSD's.

Hi Kevin

Thanks for responding

Your last paragraph was exactily my interpretation, new prescription would logically mean new glasses (appliances) and as such the 3 year contribution limit in the policy is somewhat over ridden by Regulation 5 (from what i understand by your post).

The concern of cost is omited by the opticians code of ethics and they'll advise of a check up normally 12-24 months, unless there are special circumstances. If someone was abusing the system thats differnt, but you cannot create a policy assuming this.

Next step i guess is approaching HR again with this trying to word it correctly.

I have a feeling though that they wont listen until maybe i speak directly to HSE and what they have to say about the whole "interpretation".

The guidance in the Health & Safety (Display Screen Equipment) Regulations 1992 (as amended etc) in Regulation 5 is that the provision of eye and eyesight tests and of special corrective appliances is at the expense of the EMPLOYER. Not at the discretion, at the expense.
Your optician's professional code of ethics will incorporate the principle to issue new prescriptions only when necessary for the health of the patient, not the health of the practice's cashflow. Moreover it is the employer's duty to provide a test whenever the DSE user requests one, because the user is the best judge of the effectiveness (or otherwise) of their vision with or without corrective glasses.
The Regs don't stipulate absolute intervals of time because that's dependant on human factors. Every 24 months may be adequate for most but for others (diabetes sufferers for example) the frequency will almost certainly be higher, at least in the first few years after diagnosis.
The argument about not contributing more than once in a 3 year period (if thats how I interpret it) is specious. Regulation 5 actually says:

'Every employer shall (i.e. mandatory) ensure that each user employed by him is provided with special corrective appliances appropriate for the work being done by the user concerned where;

(a) normal correctve appliances cannot be used; and

(b) the result of ANY eye and eyesight test which the user has been given in accordance with this regulation shows such provision to be necessary.

In short, new prescription, new glasses. If the employer is prepared to provide for annual eye tests it's perverse that he should fail to appreciate that these eye tests may throw up new prescriptions. Keep pushing, the door's already open.

Hi
I have a question regarding our companies eye test policy.

The policy is pretty standard in some respects eyes tests are paid for (every 12-18 months) and a contribution of £50 towards a new pair of glasses. However my concern is that the contribution on the glasses has a time scale of 3 years. This means that I cannot make another claim for the contribution even if I am prescribed a new prescription for VDU say in 14 months time.

The direct.gov website says and I quote "If you are prescribed glasses to help you work with a VDU, your employer must pay for a basic pair of glasses, provided they are needed especially for your work.". The issue I have is that as a VDU user the time frame off which I am allowed to claim a contribution should be down to my optician. If I’m required to have an eye test every 1 or 2 years then naturally my claim towards glasses will fall in line with that time frame.

I raised this with my employer to try and get some clarity towards this strange 3 year number they have to ask for justification or at least when it was last updated (seeing as VDU usage has intensified over the last ten years), also quoting the direct.gov statement. The only justification they came back with is that the statement on the website doesn’t specify a time frame, it doesn’t say they have to contribute every time a new prescription is required, just contribute towards them and a 3 year limit is satisfactory for this.

Then I asked about the H&S element of it as if I’m required to wear glasses to do my job shouldn’t they have an obligation to make this as comfortable for me as possible and that it also doesn’t make sense that you would contribute towards my eye tests 12+ months but not a new pair of lenses. I didn’t get much response only that its company policy and it is what they offer, they do not need explain to me any more reasoning than this.

So can someone clear this up, what is the correct way here. Does my optician control the demand for my frequency of the contribution (obviously talking normal circumstances) or does the employer have the right to put a limit on when I can get monetary aid towards my glasses to help me with VDU usage at work?