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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 nick.wilson@weightmans.com 0151 242 7904 Weightmans LLP Solicitors Liverpool Manchester Leicester Birmingham London