on 8/7/03 2:28 pm, Dawn Knight at [log in to unmask] wrote:
> I provide a service to a particular client who are more concerned with human
> rights of their employees over and above health and safety legislation. i have
> recently been completing their DSE worksation assessments (many laptopusers)
> and have had a lot of barriers to try and overcome - for example, not wanting
> additional add-ons for laptops, comfortable sitting too low and slumped!, etc.
> Management don't want them to do anything or have anything if they don't want
> it and would like them to sign disclaimers when rejecting my recommendations.
> I have explained that this will not hold up in a court of law and am busy
> trying to put my case together. I am obviously aware of all the H&S
> legislation and guidance but are there any legal people out there who can help
> me point to any legislation or case law to back up what I'm saying about
> disclaimers being useless. I feel like I'm banging my head against the wall
> with this one.
> Many thanks
> Dawn Knight
>
>
>
Hello Dawn
I have real concerns about this. Shouldn't a safe working environment be a
basic human right and don't rights go along side responsibilities? The role
of the OH professional is to be an impartial advisor. Management can accept
or reject the advice given. I am unsure of your professional background.
Speaking as a specialist practitioner occupational health nurse who also
holds a qualification in health and safety if I co-operated with management
in formulating a disclaimer re health and safety I could be walking a fine
line in relation to my compliance with the NMC Code.
It is worth remembering that employers AND employees have duties under the
Health and Safety at Work Act and associated Regulations eg the DSE Regs,
Management Regs etc. Being an advisor has many advantages but at times can
be fraught with problems. Experience helps in deciding how to deal with
these and this site is also useful to enable practitioners bounce ideas of
others.
My advice is that if I were in a similar position I would inform management
of their legal obligations and then let them decide what to do and how to go
about doing it. I would not get involved in assisting with a disclaimer as I
could then be seen as being a tool of management. I would ensure that I put
my recommendations in writing and kept a copy!!!
I hope this is helpful
Anne Harriss
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