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Homeworking and Health & Safety. IOSH Merseyside Branch Village Hotel, Bromborough 6 November 2007. Nick Wilson, CMIOSH H&S Consultant Regulatory Services Unit. Who on earth……. Chartered H&S Practitioner Formerly HSE Inspector & Nestle NWIOSH Committee member
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Homeworking and Health & Safety IOSH Merseyside Branch Village Hotel, Bromborough 6 November 2007 Nick Wilson, CMIOSH H&S Consultant Regulatory Services Unit
Who on earth…… • Chartered H&S Practitioner • Formerly HSE Inspector & Nestle • NWIOSH Committee member • Accredited training and consultancy
Programme • Background to homeworking • Legal responsibilities • Hazards and risk control • Further references
We like statistics • 345,000 in 1981 to 680,000 in 1998 (LFS) • 2.1 million in 2004 (ONS) • 8 million occasional homeworkers • Underestimated?
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
Advantages • Increased productivity • Childcare arrangements • Financial flexibility • Cost efficiencies • Reduced travel time • Greater freedom • Greater control
Disadvantages • Isolation, stress, insecurity • Poor communication • H&S disregarded • Poor working conditions • Classed as self employed • Irregularity of work • Rates of pay
So am I or aren’t I....... • An arrangement whereby an employee works at home. • Explicit contract term • Occasional basis.
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)
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
Legal responsibilities • MHSW Regs 1999 Reg 3, 10 & 13 • Assess the risks • Includes those not in his employment • Provide information and training
Regulations Man Handling PUWER 1st Aid DSE CoSHH EaW Regs RIDDOR PPE Noise Workplace
Here’s some good news Workplace (Health, Safety & Welfare) Regs 1992 do not apply to domestic premises
providing… Common entrance
Hazards and controls • Ideally separate room • Good access • Sheds, garages, attics, cellars not recommended • ENVIRONMENTAL • Space • Lighting • Ventilation • Temperature HSAW Act 1974 & MHSW Regs 1999
Hazards and controls • Suitable for purpose • VDU assessment • Suitable seating • Provide information • VDU’s • Back problems • MSD’s • Ergonomics • Fatigue The Health and Safety (DSE) Regulations 1992
Hazards and controls • Suitability • Maintained • Protective devices • Training provided • WORK EQUIPMENT • Cuts, burns, entanglement • Noise/vibration • Electrical danger • Storage The Provision and Use of Work Equipment Regulations 1998
Hazards and controls • Domestic system suitable • Maintained and inspected • Circuit breakers • Smoke detectors • ELECTRICITY • Electric shock • Fire The Electricity at Work Regs 1989
Hazards and controls • Means of exit • Smoke alarm • Fire fighting measures • FIRE • No proper storage • No regular collection • Fire fighting equipment? HSAW Act 1974 & MHSW Regs 1999
Hazards and controls • Inform, instruct and train • Provide lifting aids • Improve layout • MANUAL HANDLING • Bulky objects • Files • Deliveries • Lack of assistance Manual Handling Operations Regulations 1992
Hazards and controls • Appropriate furniture • Cable tidies • Spillage kit • Footwear • SLIPS AND TRIPS • Cluttered workspace • Trailing cables • Contaminants • Change in level HSAW Act 1974 & MHSW Regs 1999
Hazards and controls • CoSHH assessment • Adequate ventilation • Suitable PPE • HARMFUL SUBSTANCES • Breathing difficulties • Skin irritation • Eye irritation • Ingestion The Control of Substances Hazardous to Health Regs 2002
Hazards and controls • Face to face contact • Inclusion in events • Office meetings • Dedicated line • STRESS • Isolation • Poor communication • Excessive demand HSAW Act 1974 & MHSW Regs 1999
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
Research Report 262, HSL • If we don’t lift properly that’s our problem • Sometimes when there’s a pile of them they get a bit wobbly. • They like to help out…sometimes I give them little jobs to do • They’d be pulled up by other people • If you phone you never get through
Managing the risks • Develop a homeworking policy • Carry out risk assessments (self – assessments) • Provide training (computer based packages) • Encourage accident reporting
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
Reference material • Homeworking guidance for employers and employees on Health and Safety (INDG226), 2003 • Working alone in safety (INDG73), 2002D
cont’d • 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
Nick Wilson- Health and Safety Consultant nick.wilson@weightmans.com 0151 242 7904 Weightmans LLP Solicitors Liverpool Manchester Leicester Birmingham London