This website uses cookies primarily for visitor analytics. Certain pages will ask you to fill in contact details to receive additional information. On these pages you have the option of having the site log your details for future visits. Indicating you want the site to remember your details will place a cookie on your device. To view our full cookie policy, please click here. You can also view it at any time by going to our Contact Us page.

The Legal Column

31 March 2012

The experts at Workplace Law address your legislative and compliance issues.


Is fall reportable?

Q: An employee fell and hit her head on a wall while climbing down the company’s stairs on her way to the shop at the end of her lunch break. She went to hospital and is currently at home. Can you please let me know if this is a RIDDOR reportable accident as she wasn't strictly performing her work?

A: Yes, it is reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), even though she was not strictly carrying out working duties – as she is an employee on your premises and has been in hospital for more than 24 hours.

Seizure danger

Q: A member of our staff is an electrical engineer and so can work on critical equipment / at heights etc. They recently had an epileptic seizure at work, and it turns out that they were aware of having the condition and take medication to control it. We were not aware of this. Where do we stand in being able to request details of the condition, what it means, and what impact it can have on working ability?

A: I suggest that you carry out a risk assessment of the activities where having a seizure could be dangerous to his/her safety. Involve the employee in the process; they are the best person to provide advice on the condition.

Now that you have knowledge of the condition it becomes foreseeable where there could be an accident so you cannot ignore it. To comply with the Equality Act you must put in place suitable arrangements to ensure your staff safety, as epilepsy is under the scope of this Act. Sometimes there are signs of when a seizure is going to happen, or in some cases it always happens at the same time of the day. If the illness is controlled with medicine you need to take all this into consideration.

The best path to follow is to involve an occupational doctor to assess his/her condition, and hear recommendations from their GP/doctor; you are within your rights to request a statement that this person is able to carry out their duties including working from height etc.

You must be careful and not discriminate on grounds of health and safety, but if their condition is putting themselves and others at danger you must act on the findings of the investigation.

Locker facilities

Q: I manage the facilities at a site with approximately 200 employees. Are we legally obliged to provide changing room lockers for all members of staff? Most of the employees are working with freight in a warehouse environment.

A: Paragraphs 218-220 from the L24 (Health, Safety and Welfare regulations Approved Code of Practice) states that:
? Accommodation for work clothing and workers’ own personal clothing should enable it to hang in a clean, warm, dry, well-ventilated place where it can dry out during the course of a working day if necessary. If the workroom is unsuitable for this purpose then accommodation should be provided in another convenient place. The accommodation should consist of, as a minimum, a separate hook or peg for each worker.
? Where facilities to change clothing are required by Regulation 24 (Facilities for changing clothing), effective measures should be taken to ensure the security of clothing. This may be achieved, for example, by providing a lockable locker for each worker.
? Where work clothing (including personal protective equipment) which is not taken home becomes dirty, damp or contaminated due to the work it should be accommodated separately from the worker’s own clothing. Where work clothing becomes wet, the facilities should enable it to be dried by the beginning of the following work period unless other dry clothing is provided.

Therefore, while you should be providing a secure changing room with sufficient pegs, you may not need to provide personal lockers for all individual members of staff, but you may need to have sufficient available for each shift to ensure the security of personal belongings.


If you have a question that you would like addressed in this column please email it to the editor at tim.fryer@imlgroup.co.uk




Contact Details and Archive...

Print this page | E-mail this page

https://www.fsifm.com/en-gb/
http://edition.pagesuite-professional.co.uk/Launch.aspx?EID=9031d56a-cf78-4130-aaa4-707b97840596


MOST VIEWED...

View more articles

Measuring FM Performance

Counting costs rather than measuring performance and demonstrating value to business is one of the reasons why FM has failed to achieve a strategic role in...
Article image

Lloyd’s transforms office space to make it fit for the future

Following the case study published on the Lloyd’s building in central London published in the

Why the Law Says You Need a Nappy Bin Disposal Service

At home, parents are used to disposing of their babies’ used nappies the same way they do any other domestic waste - bagging it up and sticking it in the r...

Benchmarking maintenance

BSRIA has just published this year's operation and maintenance benchmarking report as a guide for building operators to evaluate their performance against ...
Article image

Balancing the needs of FM clients and service providers

Philip Ratcliffe says that providing a fair service to both sides involved in the tendering process is a finely balanced art....
Article image

Ensuring a fire safe and compliant flat roof specification

When looking to refurbish a flat roof, achieving a specification that helps protect the building from the spread of fire is essential....
https://www.uhubglobal.com
https://www.skylinewhitespace.com/social-distancing-solutions/