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Staying safe at work

9 May 2008

Having problems with your office chair, monitor or keyboard? Worried it may be affecting your health? You don’t have to suffer in silence, says health and safety officer Phil Madelin

When it comes to health and safety, the law puts a clear onus on our employers to do everything reasonable to protect us.

If you are recognised as a disabled person under the Disability Discrimination Act (DDA) you are also entitled to reasonable adjustments to your employer’s practices and premises so you are not at a disadvantage.

But getting adjustments made to office equipment under the DDA, or just for general health and safety reasons, can involve lengthy delays.

During these hold ups some PCS members are expected to continue working, despite their employer knowing it is unsafe. In several cases, this results in irreversible, and unnecessary, harm.

If you are waiting for adjustments in your office there are several options open to you.

Take disability leave

In some cases using disability leave, or disability adjustment leave can allow you to take paid time off work without any impact on your sickness record.

Line managers are usually aware of this provision but not all employers have disability leave arrangements. And in some cases, the very precise and limited nature of these agreements can mean managers may not always understand when to award leave.

What about sick leave?

The problem is you are not ‘sick’ as such; you are actually perfectly capable of working but your employer is temporarily unable to provide a safe working environment. Also, with so much attention being focused on absence management procedures many members are trying to avoid taking sick leave, even when it might be appropriate to do so.

Consider alternatives

Making small, short term changes may help to overcome any risks. If it is clear you cannot continue to work safely, your employer has a legal duty to make other provisions for you until your office environment can be made safe. This could include granting disability leave or some other form of special leave or considering a home working arrangement.

How to make a complaint

If you feel you need an adjustment to your working environment or equipment, raise the matter with your line manager in the first instance. Let your PCS representative know too so they can provide advice and support.

If there is likely to be a time delay, for whatever reason, ask your manager what you should do in the meantime, highlighting any potential risks to your health and safety.

What is PCS doing on this?

Our national health and safety and disability forums are looking into these issues. They are also being raised in discussions with the Cabinet Office about well being in the workplace.

Have you faced problems at work around reasonable adjustments? If so, how were they dealt with? Email your experiences to phil.madelin@pcs.org.uk

Two years for a new chair

Susan (not her real name) contacted PCS after she had been waiting for nearly two years for a specialist chair to ease her back problems.

Her employer had decided to recommend an occupational health referral but delays in arranging an appointment and securing delivery of the new equipment meant that Susan was left in limbo.

While she waited Susan continued to work, using a chair that was not suitable for her needs. As a result, she aggravated her back pain and, not wishing to invoke her workplace’s sickness management procedures, used annual leave to cover it.

Following our advice Susan lodged a grievance over the delay and the inappropriate expectation that she continued working. She will also, if necessary, be lodging an employment tribunal complaint.


 

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