Health and safety frequently asked questions

What are the statutory requirements for temperatures at work?
Am I entitled to an eye test?
I am a non-smoker and people are smoking at work.  What can I do?
What first aid provisions do I need?
What is a first-aider and appointed person? 

What are the statutory requirements for temperatures at work?
The Workplace (Health Safety and Welfare) Regulations 1992, Regulation 7 states that, 'during working hours, the temperature in all workplaces inside buildings shall be reasonable'.

What do they mean by reasonable?
All reasonable steps should be taken to achieve a temperature, which, so far as practical, provides comfortable room temperatures for persons to work in. The Approved Code of Practice (ACOP) associated which this legislation suggests comfortable room temperatures in the workroom are at a level where there is no need for persons to wear special clothing. It states two minimum temperatures:

In workplaces where the working activity involves severe physical effort the minimum temperature should be at least 13° C (56° F). In all other workplaces the minimum temperature should normally be around 16°C (60°F). There is no specified maximum temperature in the Approved Code of Practice (ACOP).

In some workrooms it may be impractical to maintain a minimum temperature. For example, if you work near a window, work in a reception area, which is regularly opened to the outside, or work in areas that need to be refrigerated. In this incident minimum temperatures may need to be maintained at a higher level.

Reasonable temperatures will also be influenced/affected by other factors such as air movement, relative humidify, ventilation or seasonal weather conditions. Other measures may need to be taken by employers to ensure comfortable temperatures can be maintained and employers need to ensure that any measures introduced are both reasonable and practical for their needs.

A copy of the Workplace (Health, Safety and Welfare) Regulations 1992 - Approved Code of Practice L24 is available from HSE Books, tel: 01787 881165.

Am I entitled to an eye test?
Under the Health and Safety (Display Screen Equipment) Regulations 1992 Regulation 5, employers have a duty when requested by users of Visual Display Units (eg computer screens) to provide them with an appropriate eyesight test.

The definition of an eye test is defined in the Opticians Act 1989 and includes an eye examination and test of vision. The test should also take into account the nature of the user's work.

In addition to the provision for an eye test, Regulation 5 states that employers shall also provide a user with special corrective appliances (for example a pair of spectacles needed to perform the tasks required by the employer) to carry out their work:

• if normal vision correction appliances (ie spectacles used not in relation to work) cannot be used
• if the result of any eye or eyesight test, which the user has taken, shows such provisions are necessary

The provision of eye and eyesight tests and of special corrective appliances under the regulations is at the expense of the user's employer. For example, employers can specify that user's tests and corrections are provided by a particular company or professional.  Employers are also only responsible for payment of the basic price of special corrective appliance, ie the type and quality adequate for its function. If users wish to choose more costly appliances (eg designer frames) the employer is not required to pay for these. In this case the employers may either provide a basic appliance as above, or they may choose to contribute a portion of the total cost of the 'luxury' appliance equal to the cost of the basic appliance.

I am a non-smoker and people are smoking at work.  What can I do?
At present there is no legislation that specifically states that there should be no smoking in the workplace. However, Under section 2 of the Health and Safety at Work etc Act 1974 employers have to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees.

It is therefore recommended that employers carry out a risk assessment to ensure that staff are not over exposed to tobacco smoke. When carrying out your risk assessment, consider areas such as the size of the workroom, number of employees exposed to smoke, amount of smoke and current ventilation provisions.

Smoking in rest rooms
The Workplace (Health, Safety and Welfare) Regulations 1992, Reg 25 (3) states that, 'rest rooms and rest areas shall include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke.'

The approved code of practice related to this regulation requires either the:

• provision of separate areas or rooms for smokers and non-smokers
  or
• prohibition of smoking in rest areas and rest rooms

If you are experiencing problems with passive smoking talk to your manager and express your concerns, in addition you con also read the Health and Safety Executive booklet entitled 'Passive smoking at work' (INDG63 (rev). This leaflet gives advice to employers on action to prevent passive smoking at work and is available from Health and Safety Executive publications (See Health and Safety Links). For a leaflet contact the health and safety team. Alternatively there are a number of leaflets available on the Health and Safety Executive website: http://www.hse.gov.uk/pubns/index.htm.

What first aid provisions do I need?
The Health and Safety (First Aid) Regulations 1981 require employers to provide adequate and appropriate equipment, facilities and personnel to enable first aid to be given.

The minimum first-aid provision on any work site is:

• a suitably stocked first-aid box
• an appointed person to take charge of first aid arrangements
• adequate and appropriate provisions will depend on the nature of your workplace

An assessment should be carried out to help you identify the level of first aid provision needed. As part of this assessment you should look at accident history, if there are significant risks such as hazardous substances or dangerous tools, the number of employees, shift work or out of hours working and consider if you have inexperienced workers on the site, or employees with disabilities, etc.

What is a first-aider and appointed person?
A first-aider is someone who has undergone an accredited training course in administering first aid at work. An appointed person would take charge if an incident should occur and call an ambulance if required. Appointed persons should not attempt to give first aid for which they have not been trained.

The number of appointed persons/first-aiders available at your workplace, will depend on the type of workplace and the activity at this workplace. The Health and Safety Executive published leaflet entitled 'First aid at work – your questions answered' (INDG215) http://www.hse.gov.uk/pubns/indg214.pdf recommend the following:

If you have any other questions you would like answered or issues you need advice on, please contact the health and safety team.

Copyright  |  Disclaimer  |  Accessibility  |  Sitemap  |  How to use this site  |  Site performance  |  Privacy  |  Website feedback  | 

Perceval House, 14-16 Uxbridge Road, Ealing, London, W5 2HL | Switchboard: (020) 8825 5000