WRULD Claims heard in England, Scotland and Wales
References to and/or interpretations of HSE Guidance Documents - Trotman - v - London Borough of Tower Hamlets
In this County Court Judgment on the 24th September 2002, at paragraph 25, HH Judge Dean says:
The Health & Safety guidelines to the DSE Regulations are instructive and they give concrete illustrations not only of the risks but of the sort of matters which might be taken to eliminate the risk. Paragraph 12 of the document, which is described as the "Guidance on the regulations" and I believe was published in 1992, provides as follows, page 12, Advice 19, on Regulation 2, this is the analysis of workstation and risk and so on:
"Possible risks which have been associated with display screen equipment work are summarised at Annex B. The principal risks relate to physical, musculoskeletal problems, visual fatigue and mental stress. These are not unique to display screen work nor an inevitable consequence of it and indeed research shows that the risk to the individual user from difficult display screen work is low. However, in display screen work as in other types of work, ill health can result from all work organisation, working environment, job design and posture and from inappropriate working methods. As discussed in Annex B sometime the display screen work has been associated with chronic musculoskeletal disorders. While surveys indicate that only a very small proportion of display screen workers are likely to be involved, the number of cases may still be significant as display screen workers are so numerous. All the known health problems that may be associated with display screen work can be prevented altogether by good design of the workplace in the job and by worker training and consultation. "
V1.01
In this County Court Judgment on the 24th September 2002, at paragraph 25, HH Judge Dean says:
At page 20 of this publication, commenting upon Regulation 4, that is the regulation in respect of which breach is denied, and which requires variation in the work pattern, paragraph 43 says this:
"In most cases natural breaks or pauses occur as a consequence of the inherent organisation of the work. Whenever possible jobs at display screens should be designed to consist of a mix of screen based and non-screen based work to prevent fatigue and to vary visual and mental demands. Where the job unavoidably contains spells of intensive display screen work, whether using the keyboard or input device, reading the screen or a mixture of the two these should be broken up by periods of non-intensive, non-display screen work. Where work cannot be so organized, e.g. in jobs requiring only data or text entry, requiring sustained attention and concentration deliberate breaks or pauses must be introduced. "
Paragraph 45:
"It is not appropriate to lay down requirements for breaks which apply to all types of work. It is the nature and mix of demands made by the job which determine the length of break necessary to prevent fatigue, but some general guidance can be given:
(a) breaks should be taken before the onset of fatigue not in order to recuperate and when performance is at a maximum before productivity reduces.
(b) the timing of the break is more important than its length. Breaks or changes of activity should be included in working time. They should reduce the workload at the screen i.e. not result in a higher pace or intensity of work on account of their introduction.
(c) short frequent breaks are more satisfactory than occasional longer breaks e.g. a 5 to 10 minute break after 50 to 60 minutes of continuous screen and/or key board work is likely to be better than a 15 minute break every two hours."
V1.01
In this County Court Judgment on the 24th September 2002, at paragraph 25, HH Judge Dean says:
Annex B, which is referred to in the regulations, and sets out the particular risks with inappropriate working conditions - it is at page 41 of the publication, the general heading is, "Upper limbs pains and discomfort", and paragraphs 2 and 3 read as follows, paragraph 2:
"A range of conditions of the arm, hand and shoulder areas linked to work activities are now described as 'work related upper limb disorders'. These range from temporary fatigue or soreness in the limb to chronic soft tissue disorders like peritendinitis or carpal tunnel syndrome. Some keyboard operators have suffered occupational cramp."
Paragaph3:
"The combination of the onset of any disorder individual risk factors e.g. keying rates is not clear. It is likely that a combination of factors are concerned. For a long static posture of the back neck and head are known to cause musculoskeletal problems. Awkward positioning of the hands and wrists e.g. as a result of poor working techniques or inappropriate work height are further likely factors. Outbreaks of soft tissue disorders among keyboard workers have often been associated with high workloads compound with tight deadlines. This variety of factors contributing to display screen work risk requires a risk reduction strategy, which embraces proper equipment, furniture, training, job design and work planning."
V1.02
Last updated: 14/05/2013