A Snapshot of Client Queries
We’ve picked a few of the most interesting questions we’ve dealt with since our last issue, which may be useful if you ever find yourself in a similar situation at your school.
QUESTION: “Am I right in thinking that there is no mandatory legislation regarding the type of blind cords that can be used in a secondary school?”
Handsam could locate no statutory guidance for secondary schools specifically regarding blind cords. However, The General Product Safety Regulations, 2005 require all consumer products to be safe in their normal or reasonably foreseeable usage. The revision to BS EN 13120:2009+A1:2014 defines a safe product within these regulations.
An amended safety standard (EN13120:2009+A1:2014) was introduced in 2014, which required new blinds to be safe by design or be supplied with the appropriate child safety devices. This means that where there is a loop that is present, or could be created, a safety device must be installed at the point of manufacture. These safety devices either break under pressure, tension the cord or chain, or provide the facility to store the cord(s) out of reach.
The amendment also extended the standard’s scope so it covers not only Venetian blinds, roller blinds, vertical blinds and pleated blinds, but also honeycomb blinds, Roman shades, Austrian/Festoon blinds, panel blinds, plantation shutters and roll-up blinds.
The standard also imposes a maximum cord and chain length, and all blinds must carry safety warnings.
The behaviour of students should be addressed and control measures put in place which means that children will not have access to blind cords or any other hazards of this, or any nature. The school may also consider fitting break-away cords or solid blind twister closers to remove the risk.
QUESTION: “We are looking to purchase mirrors for our toilets in school. Budget wise we cannot stretch to shatterproof mirrors. Are you aware of any legislation/reason why we cannot have normal mirrors? I couldn’t see any legal requirements when I had a search, but would be grateful for your guidance.”
There are at least two pieces or regulation and legislation which outline the employer’s duty to assess and manage the risk to employees and others:
a) Health and Safety at Work etc. Act 1974 CHAPTER 37 – this piece of legislation refers to employers to ensure the provision and maintenance of a working environment for their employees that is, so far as is reasonably practicable, safe, without risks to health and safety.
b) Management of Health and Safety at Work Regulations 1999 - the main duty placed on employers by the Management of Health and Safety at Work Regulations is to undertake risk assessments to identify potential hazards to employee health and safety and anyone who may be affected by their work activity. The use of regular and not shatterproof mirrors would be considered as a potential hazard.
Handsam’s advice would be for the school to undertake a risk assessment (supply and use of mirror in toilet) and implement the appropriate control measures – which may be to purchase the shatterproof mirror or some form of anti-shatter film and place it onto the mirror (back or front).
QUESTION: “Can you confirm the legalities regarding any help we can give staff regarding eye tests and the use of DSE?”
The current HSE guidelines Working safely with display screen equipment include a section on eyes and eyesight testing. The guidance states: Eyes and eyesight testing The law says employers must arrange an eye test for display screen equipment (DSE) users if they ask for one, and provide glasses if an employee needs them only for DSE use. DSE work does not cause permanent damage to eyes but long spells of DSE work can lead to: • Tired eyes; • Discomfort; • Temporary short-sightedness; and • Headaches.
DSE work is visually demanding, so it can make someone aware of eyesight problems they have not noticed before (including changes in eyesight that happen with age). Employees can help their eyes by: • Checking the screen is well positioned and adjusted; • Making sure lighting conditions are suitable; and • Taking regular breaks from screen work.
Employers must assess DSE workstations and take steps to reduce any health risks. Eye tests for DSE users An employer must provide an eyesight test for a DSE user if they request one. The employer must also pay for the test. This should be a full eye and eyesight test by an optometrist or doctor, including a vision test and an eye examination. It's up to the employer how they provide the test. For example, they could let users arrange the tests and reimburse them for the cost later, or they could send all their DSE users to one optician. Glasses for DSE work Employers only have to pay for glasses for DSE work if the test shows an employee needs special glasses prescribed for the distance the screen is viewed at. If an ordinary prescription is suitable, employers do not have to pay for glasses.
Handsam Quick Guide: EL02 Display Screen Equipment (DSE) Regulations