Weightmans LLP. Homeworking and Health & Safety IOSH
Merseyside Branch Village Hotel, Bromborough 6 November 2007 Nick
Wilson, CMIOSH H&S Consultant Regulatory Services Unit
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Weightmans LLP. Who on earth Chartered H&S Practitioner
Formerly HSE Inspector & Nestle NWIOSH Committee member
Accredited training and consultancy
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Weightmans LLP. Programme Background to homeworking Legal
responsibilities Hazards and risk control Further references
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Weightmans LLP. We like statistics 345,000 in 1981 to 680,000
in 1998 (LFS) 2.1 million in 2004 (ONS) 8 million occasional
homeworkers Underestimated?
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Weightmans LLP. Why the increase? Work life balance Flexible
work right to request 2003 Increased efficiency A revolution in
technology has made the work-from-home dream a reality for millions
of British workers www.bbc.co.uk: 2004
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Weightmans LLP. Advantages Increased productivity Childcare
arrangements Financial flexibility Cost efficiencies Reduced travel
time Greater freedom Greater control
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Weightmans LLP. Disadvantages Isolation, stress, insecurity
Poor communication H&S disregarded Poor working conditions
Classed as self employed Irregularity of work Rates of pay
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Weightmans LLP. So am I or arent I....... An arrangement
whereby an employee works at home. Explicit contract term
Occasional basis.
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Weightmans LLP. Oh yes you are An employee is at work
throughout the time when he is in the course of his employment HSWA
1974, s 52 (1)
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Weightmans LLP. Legal responsibilities HSAW 1974 S(2) & (3)
Same obligation to homeworkers (information, instruction, training
and supervision) Extends to risks to others HSAW 1974 S(7)
Reasonable care for themselves Must cooperate
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Weightmans LLP. Legal responsibilities MHSW Regs 1999 Reg 3, 10
& 13 Assess the risks Includes those not in his employment
Provide information and training
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Weightmans LLP. RIDDOR 1st Aid EaW PPE Noise CoSHH Man Handling
DSE PUWER Workplace Regulations Regs
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Weightmans LLP. Heres some good news Workplace (Health, Safety
& Welfare) Regs 1992 do not apply to domestic premises
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Weightmans LLP. providing Common entrance
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Weightmans LLP. Kids - dont you just love em
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Weightmans LLP. Hazards and controls ENVIRONMENTAL Space
Lighting Ventilation Temperature Ideally separate room Good access
Sheds, garages, attics, cellars not recommended HSAW Act 1974 &
MHSW Regs 1999
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Weightmans LLP. Hazards and controls VDUs Back problems MSDs
Ergonomics Fatigue Suitable for purpose VDU assessment Suitable
seating Provide information The Health and Safety (DSE) Regulations
1992
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Weightmans LLP. Ideal?
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Weightmans LLP. Hazards and controls WORK EQUIPMENT Cuts,
burns, entanglement Noise/vibration Electrical danger Storage
Suitability Maintained Protective devices Training provided The
Provision and Use of Work Equipment Regulations 1998
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Weightmans LLP. Hazards and controls ELECTRICITY Electric shock
Fire Domestic system suitable Maintained and inspected Circuit
breakers Smoke detectors The Electricity at Work Regs 1989
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Weightmans LLP. Hazards and controls FIRE No proper storage No
regular collection Fire fighting equipment? Means of exit Smoke
alarm Fire fighting measures HSAW Act 1974 & MHSW Regs
1999
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Weightmans LLP. Hazards and controls MANUAL HANDLING Bulky
objects Files Deliveries Lack of assistance Inform, instruct and
train Provide lifting aids Improve layout Manual Handling
Operations Regulations 1992
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Weightmans LLP. Hazards and controls SLIPS AND TRIPS Cluttered
workspace Trailing cables Contaminants Change in level Appropriate
furniture Cable tidies Spillage kit Footwear HSAW Act 1974 &
MHSW Regs 1999
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Weightmans LLP. Hazards and controls HARMFUL SUBSTANCES
Breathing difficulties Skin irritation Eye irritation Ingestion
CoSHH assessment Adequate ventilation Suitable PPE The Control of
Substances Hazardous to Health Regs 2002
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Weightmans LLP. Hazards and controls STRESS Isolation Poor
communication Excessive demand Face to face contact Inclusion in
events Office meetings Dedicated line HSAW Act 1974 & MHSW Regs
1999
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Weightmans LLP. Should I be worried? 76 people die every week
2.8 million people require hospital treatment Children most
vulnerable 0 4 yrs Boys worse than girls
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Weightmans LLP. Research Report 262, HSL If we dont lift
properly thats our problem Sometimes when theres a pile of them
they get a bit wobbly. They like to help outsometimes I give them
little jobs to do Theyd be pulled up by other people If you phone
you never get through
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Weightmans LLP. Managing the risks Develop a homeworking policy
Carry out risk assessments (self assessments) Provide training
(computer based packages) Encourage accident reporting
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Weightmans LLP. Home visit v self assessment Depends on work
Must not what to look out for Use checklist Target high risk scores
Get photographs of work area
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Weightmans LLP. Reference material Homeworking guidance for
employers and employees on Health and Safety (INDG226), 2003
Working alone in safety (INDG73), 2002D
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Weightmans LLP. contd HSL/2002/18 Scoping exercise for research
into the H&S of homeworkers HSL, O'Hara, 2002 d Health and
safety of homeworkers: Good practice case studies Research Report
262, HSL, O'Hara, 2004 The National Group on Homeworking:
www.ngh.org.uk
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Weightmans LLP. Nick Wilson- Health and Safety Consultant
[email protected] 0151 242 7904 Weightmans LLP Solicitors
Liverpool Manchester Leicester Birmingham London