EMPLOYMENT LAW, ANY HELP CHEERS

[seb421]

in my work place we have no heating no uniform and we work in a a wearhouse with an openside, its usualy colder inside than outside

last night was unbarebale working in, sweat was freezing on people back's, drinks froze up, hats had frost on them and hands uncontroably shakeing, this lead to a heated debate with staff and managemet it was colder than -8 in work

should we be leagaly working in these conditions?

there is also no thermomitors in the bulding.

i have dug up this stuff

The work place regulations act 1992

http://www.opsi.gov.uk/si/si1992/Uksi_1 ... _1.htm#end

Section 7 is on temp.

also this is wikapedia

http://en.wikipedia.org/wiki/Workplace_ ... tions_1992

The Workplace (Health, Safety and Welfare) Regulations 1992 is a United Kingdom Statutory Instrument that stipulates general requirements on accommodation standards for nearly all workplaces. The regulations implemented European Union directive 89/654/EEC on minimum safety and health requirements for the workplace and repeal and supersede much of the Factories Act 1961 and Offices, Shops and Railway Premises Act 1963.[2]

Since 31st December 1995, all new and exsting workplaces have had to comply to these regulations.[3]

Breach of the regulations by an employer, controller of work premises or occupier of a factory is a crime, punishable on summary conviction with a fine of up to £400. If convicted on indictment in the Crown Court, an offender can be sentenced to an unlimited fine.[4] Either an individual or a corporation can be punished[5] and sentencing practice is published by the Sentencing Guidelines Council.[6] Enforcement is the responsibility of the Health and Safety Executive (HSE) or in some cases, local authorities.[7]

Where a person suffers damage caused by a breach of a duty imposed by regulations, they have a cause of action in tort against the offender.[8]

The HSE publishes a code of practice on implementing the regulations. Though a breach of the code creates neither civil nor criminal liability in itself, it could be evidential as to either.[9] The regulations do not create duties as to members of the public.[10]

and i have also got this

http://www.hse.gov.uk/temperature/thermal/faq.htm

HSE previously defined thermal comfort in the workplace, as: 'An acceptable zone of thermal comfort for most people in the UK lies roughly between 13°C (56°F) and 30°C (86°F), with acceptable temperatures for more strenuous work activities concentrated towards the bottom end of the range, and more sedentary activities towards the higher end.'

(above is an extract from link)

does any one have any more information, is there a minimun temp we can stop work at full stop, they wouldnt let us stop work and go home last night.

any one have information on the enployment uniform regulations, all we have is a sh1t pair of toe caps and a cotton hat (not evan a cheap thermal wombles)

Any help would be great possibly before 7pm tonight as will be going work at 8pm, thanks guys

[seb421]

found this as well guys

http://www.opsi.gov.uk/si/si1992/Uksi_19922966_en_1.htm

PPE, ( Personal Protective Equipment at Work Regulations 1992 )

[seb421]

( Personal Protective Equipment at Work Regulations 1992 )

NOTABLE INFO FROM THE ACT

http://www.opsi.gov.uk/si/si1992/Uksi_19922966_en_1.htm

Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, "personal protective equipment" means all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety, and any addition or accessory designed to meet that objective.

Provision of personal protective equipment
4.—(1) Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

(3) Without prejudice to the generality of paragraphs (1) and (2), personal protective equipment shall not be suitable unless—

(a) it is appropriate for the risk or risks involved and the conditions at the place where exposure to the risk may occur;

(b) it takes account of ergonomic requirements and the state of health of the person or persons who may wear it;

(c) it is capable of fitting the wearer correctly, if necessary, after adjustments within the range for which it is designed;


Compatibility of personal protective equipment
5.—(1) Every employer shall ensure that where the presence of more than one risk to health or safety makes it necessary for his employee to wear or use simultaneously more than one item of personal protective equipment, such equipment is compatible and continues to be effective against the risk or risks in question.

[seb421]

Key info deplicting a wharehouse as a said 'workroom'

http://www.sohas.co.uk/publications/publication13.pdf

Cold offi ces and factories
‘Bosses urged to turn on the heating
before the big return to work’

Warehouses: The Approved Code
of Practice specifi es that if the
workroom cannot be kept at a
‘reasonable’ temperature because
doorways have to be kept open to
the outside, local heating should
be provided. Workplace (Health,
Safety and Welfare) Regulations
1992 ACOP HSE L24

Thermometers should be available
to people at work to enable
temperatures to be measured
throughout the workplace.
Harmful and offensive fumes


Heating systems should be
installed and maintained so that
combustion gases do not enter the
workplace. Portable gas heaters
must not produce harmful or
offensive fumes.

Feeling cold can lead to increased
muscle tension, and awkward working
postures with hunched shoulders.
Your hands and fi ngers lose a
lot of heat in cold conditions. Fine,
delicate and fast fi nger movements
deteriorate when fi nger temperature
drops by a few degrees.

If necessary keep the person warm by
providing:
• Suitable protective clothing.
• Easily accessible heated rest facilities.
• Task rotation to minimise the length of time
spent in uncomfortable temperatures.

incase you missed it >>>

Warehouses: The Approved Code
of Practice specifi es that if the
workroom cannot be kept at a
‘reasonable’ temperature because
doorways have to be kept open to
the outside, local heating should
be provided. Workplace (Health,
Safety and Welfare) Regulations
1992 ACOP HSE L24

[seb421]

The Manual Handling Operations Regulations 1992
http://www.opsi.gov.uk/si/si1992/Uksi_19922793_en_1.htm

The Noise at Work Regulations 1989
http://www.opsi.gov.uk/si/si1989/Uksi_19891790_en_1.htm

The Management of Health and Safety at Work Regulations 1999
Require employers to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.
http://www.opsi.gov.uk/si/si1999/19993242.htm

The Workplace (Health, Safety and Welfare) Regulations 1992
http://www.opsi.gov.uk/si/si1992/Uksi_19923004_en_1.htm

Health and Safety at work act 1974
http://www.statutelaw.gov.uk/legResults ... ortAlpha=0

[seb421]

THE RIGHT TO REFFUSE TO WORK!!!

(a Wharehouse is a work room)

What the law says about cold

The Approved Code of Practice under the Workplace
(Health, Safety and Welfare) Regulations 1992 states that
workrooms should normally be:

at least 16 degrees C for most types of work; and
at least 13 degrees C for work involving "severe physical
effort".

These levels are legally enforceable minimums, and
workers have the effective right to refuse to work when the
workplace temperature is below them. Chapels should
reach agreements with employers on these matters. It is
normally accepted that no action should be taken if the
correct temperature is achieved within an hour of starting
work.

taken from

http://www.amicustheunion.org/pdf/29Temperature.pdf

SO THERE IT IS LADS IN BLACK AND WHITE, YOU CAN REFFUSE TO WORK.

[Pete.L]

Sounds like you should be sending some of those to your bosses
.....or maybe stop standing around and work a little harder. That'll keep you warm

Pete.l

[kevg]

It might depend on wether your job is classed as working inside or an outside stockyard type stores job.

i'd assume that the employer should be liable for any PPE that is required like gloves, thermal jackets etc, but you should still be required to work if its provided.

sticky one really as the weather is a bit extreme at the moment.

[seb421]

i will be informing him shortly.

its when where busy for a bust for 20 mins then the pace slows the sweat freezes on you, down your back, in your boxers on your neck its grim. wednesday was bad, but last night was not nice at all.

ive had 5 years previous working experiance in the cold outdoors that was nothing like this, saying that did have some decent uniform for the ellements then. when it rains and the wind blows a certian way the rain comes in onto our deck inside thats how open it is to the cold, 6 hours with out a break is just a bit to much for me, dont care if a sound like a big girls blouse!

[seb421]

It might depend on wether your job is classed as working inside or an outside stockyard type stores job.

i'd assume that the employer should be liable for any PPE that is required like gloves, thermal jackets etc, but you should still be required to work if its provided.

sticky one really as the weather is a bit extreme at the moment.

were classed as indoor so my manager has informed me, and as a wharehouse is a workroom it should be no lower than 13c in our manual labour enviroment and as before These levels are legally enforceable minimums, and workers have the effective right to refuse to work when the workplace temperature is below them.

regardless of the extreeme winter we are having it shouldnt be acceptable

Warehouses: The Approved Code
of Practice specifi es that if the
workroom cannot be kept at a
‘reasonable’ temperature because
doorways have to be kept open to
the outside, local heating should
be provided. Workplace (Health,
Safety and Welfare) Regulations
1992 ACOP HSE L24

WE SHOULD HAVE 'LOCAL HEATING' SUPPLIED

well you would think so, given that other ups hubs have heating and there loaders and deck lads have uniform

[Phil-VTwin]

A lot depends on what industry you work in, e.g. working in a cold/freezer room where the the temps are always low, however the employer HAS to provide PPE equipment and limit the amount the time you are in those working conditions.


Try giving ACAS or another organisation a call to see what they have to say.

[Wicky]

seb421 You might well be right - Even getting to work is a legal quagmire.

Q&A: Winter chaos and your rights

http://news.bbc.co.uk/1/hi/business/8421373.stm

But presuming you have worked less than a year then be aware you'll probably find yourself a marked man with your employers, if you point out H&S issues.

This happened to me at a mac designer job in the sticks one winter. Starting at 7.30 am- I crashed 4 times in the snow, a pregnant lass was seriously injured driving into work) But what lost me my sweatshop job was that we were expected to work 8 hours at a computer without a break (flasks on desks - as even getting a coffee from the kitchen was frowned upon) - when I pointed out to the bosses the legal necessity of VDU breaks for the eyes my 'contract wasn't renewed'.

[Stratman]

Employees rights took a nosedive after the bitch Thatcher emaciated the Unions. I think you should look for a solicitor specialising in employment law on a green card 30 min free system.

I had to take an employer to tribunal a few years ago - wasn't a pleasant experience but I won.

[seb421]

>>> UPDATE.

had a meeting tonight and Uniform has been provided with more to arrive on tuesday

also we now have free hot drinks and rest period's when ever we need them

and the themoitors for the deck (3 of) staff room, offices and outdoor has been orderd so cant complain manger was helpfull and handeled it well.

Regular risk assememts are also now being carried out (monthly)

MORALE NOW BACK UP IN THE TEAM

[kevg]

Sounds like a posative result Seb, maybe those big rocket space heater things might help as well, thats what we had in the shipyard for internal areas of the ships we were building, if you were working outside like i was most of the time you were onto plums though, lol, an old paint drum and a burning torch to create a fire were all we got there.