display screens at work regulations free sample

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The Safety, Health and Welfare at Work, (General Application) Regulations 2007, Chapter 5 of Part 2 outline the requirements that must be adhered to in relation to Display Screen Equipment.

“workstation” means an assembly comprising display screen equipment, which may be provided with a keyboard or input device or software, or a combination of the foregoing, determining the operator and machine interface, and includes—

As an employer there are a number of duties set down it this regulation, the key requirements are to:Carry out an analysis or risk assessment of employee workstations

Provide training to employees in the use of workstations before commencing work with display screen equipment and whenever the organisation of the workstation is modified

Perform a further analysis or risk assessment where an employee transfers to a new workstation or significant new work equipment, change of equipment or new technology is introduced an an individuals workstation

As a first step you (or the person who is conducting the risk assessment) should consult with the employee at the workstation in order to collect information on the main tasks completed at the workstation. It is important to provide the employee with an opportunity to comment during the course of the assessment.

You should observe the employee working at the workstation and should record whether the workstation meets the minimum requirements detailed in Schedule 4 of the Display Screen Equipment Regulation. These requirements can be incorporated into the risk assessment form as a checklist and you can indicate compliance or non-compliance as appropriate. The picture below shows an example of a poor workstation set up:

You should detail the issues to be addressed on the risk assessment form. The picture below provides examples of issues that might need to be addressed.

An action plan should be prepared stipulating how the issues will be addressed, who will take the necessary action and when the actions will be completed. A copy of the completed risk assessment should be given to the employee for his or her records and for further follow-up where required. It is the responsibility of the employer to ensure that the actions are completed.

You will need to revisit the workstation if there were issues to be addressed. You should consult with the employee and observe whether the issues highlighted in the risk assessment have been addressed. When everything is satisfactory, you and the employee should sign off on the risk assessment document.

The picture below shows a computer workstation that has been assessed and has had improvements put in place, including adjustment of monitor to the correct height, improved lighting, provision of a document holder, footrest and an adjustable seat.

A competent person must carry out the risk assessment of an employees workstation. A person is deemed to be competent if he or she possesses sufficient training, experience and knowledge appropriate to conducting a risk assessment of a workstation. Depending on the situation, this may be an internal person or it may be external expertise. You need to be satisfied that the person conducting the risk assessment is capable of doing so properly and effectively.

It is not sufficient to allow employees to use a software package or other means to assess their own workstations, it is a duty of the employer to carry out an analysis or risk assessment of an employees workstation.

Yes.  A documented analysis or risk assessment of a work station should include the following:Brief overview of the tasks completed at the workstation

Details of an action plan to address outstanding issues which stipulates who is responsible, what actions will be taken and when they will be completed.

Yes.  There will be situations where employees will move to a new workstation due to changing work commitments.  The employer needs to carry out a new workstation assessment at the employees new workstation.  A system should exist that when changes such as this take place a formal request is submitted to have a new workstation assessment carried out.  The analysis should take account of any changes in equipment or technology.

Do the Display Screen Equipment requirements of Chapter 5 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 apply to laptops?

“A laptop is not covered by these Regulations due to the fact that under these Regulations the keyboard shall be tiltable and separate from the screen so as to allow the user to find a comfortable working position which avoids fatigue in the arms or hands.

It is recommended that a laptop should be connected to a separate monitor and keyboard, The workstation can then be assessed to record whether the workstation meets the requirements detailed in the Display Screen Equipment Regulation.

Other temporary laptop workstation set ups should be assessed to determine the usage of the laptop and to identify potential risks, however the user should not work of the laptop directly for long periods of time.

Schedule 4 details the minimum requirements for all Display Screen Equipment that should be in place for Display Screen Equipment workstations.  In conducting a workstation assessment the employer must take account of the minimum requirements specified in Schedule 4. This Schedule covers a range of elements which include the followingDisplay Screen Equipment

The employer must inform employees that they are entitled to be provided with an appropriate eye and eyesight test, which would be carried out by a competent person. The employer may do this in a number of ways including the following -Consultation with the safety representative(s) and formulate a memo to be placed on a notice board,

Every employee who habitually uses a VDU as a significant part of normal work has a right to opt for an appropriate eye test and an eyesight test which must be made available and paid for by the employer.

A doctor or optometrist can carry this out. It may also be carried out by a person (including a nurse) trained to use a vision-screening machine. The person operating the machine must know when to refer employees who do not pass the eyesight tests at the screening level to a doctor or optometrist.

Employees have the right to an eye and eyesight test before taking up work if it is habitual work with a VDU as well as at regular intervals thereafter. In determining the intervals, factors such as the ages of the employees and the intensity of VDU work should be taken into account in deciding the frequency of repeat tests. Additionally, an appropriate eye and eyesight test must be made available to an employee who experiences visual difficulties which may be due to display screen work.

Where eye tests carried out by the doctor or optometrist reveal that particular lenses are required for VDU work, the costs of minimum requirement frames and lenses must be borne by the employer. Where an employee already wears glasses to correct a visual defect (normal corrective appliances), and routine change of lenses arises, if these glasses are adequate also for VDU work, the employer is not liable as regards meeting the cost. The cost of dealing with more general eye problems which are revealed as a result of the tests and which are not directly related to working with a VDU is a matter for the employee as part of his or her general health care, taking account of health care entitlements.

Employers should provide training in the use of the workstation before an employee commences work on a VDU and, again, should the organisation of the workstation be altered. Training should include -A general appreciation of the computer system to which the VDU may be linked,

Appropriate induction training. Employees should understand how the work is organised so as to comply with Chapter 5 of Part 2 of the General Application Regulations. This could include a written record of the changes made to the workstation and information on rest and posture breaks. The employees should be informed why the changes were made and the benefits of such changes.

Instruction on the general principles of ergonomics, the proper adjustment of furniture, screens, keyboard, lighting etc. so as to suit individual employee’s height, reach etc. This should include a general understanding of the use of different adjustments on the work chair and correct positioning of such accessories as the mouse, document holder and telephone. If an employee spends a lot of time on the phone during the workday consideration should be given to the provision of telephone headsets.

Correct lighting arrangements are essential if eye fatigue is to be avoided. Suitable back ground lighting is required for VDU work to provide an appropriate contrast between the screen and the background environment and to avoid problems of reflection and glare. As a general rule, a level of lighting of 300 - 500 lux should be appropriate. If more light is required for reading documents, local lighting should be used. However the light from a table lamp etc. must not shine on the VDU or the immediate surrounding area.

Employers must plan work so that daily work at VDU"s is interrupted periodically by breaks or changes in activity which reduce the work at the screen. Although the Regulations set no frequency for breaks, no single continuous period of work at a screen should, in general, exceed one hour.

The regulation does not specify the frequency and duration of work breaks when working with VDU"s, nor is there any generally accepted standard. In some countries, including Ireland, there are employer trade union agreements on work breaks at company level.

The flow of work to a VDU user should be designed to allow natural breaks to occur. Alternatively, a change in the pattern of work by combining VDU and non-VDU work could be introduced. However, rest breaks are essential where continuous VDU work, requiring sustained attention is likely to result in fatigue. Ideally, the length of the rest should reflect the intensity of the individual job. However, there are four important points -Rest breaks or changes in the pattern of work, where they are necessary, should be taken before fatigue sets in. Some employees suffer symptoms from the effort used to keep up performance while fatigued.

The user should avoid contact stress with hard surfaces while typing, the use of a wrist rest in front of the keyboard is okay and the user may position the keyboard at the edge of the desk.

The Health and Safety (Display Screen Equipment) (DSE) Regulations, 1992 (as amended in 2002) sets out guidance on the minimum standards and requirements for working with Display Screen Equipment (VDUs). The DSE Regulations highlight possible risks to health from using such equipment, such as upper limb disorders (ULDs). The employer has a duty to ensure they comply with the Regulations by assessing both the workstation and the working environment of employees who regularly use computer workstations and display screen equipment.

Plan work so that there are breaks or changes of activity. For most people taking a break to do something else is sufficient. However, where an employee works exclusively However, where an employee works exclusively at a computer then provision should be made for rest breaks.

A DSE user can ask for an eye test and when they do so, the employer has a duty to provide one. If the user requires a special set of glasses for use at the display screen and cannot use normal ones then the employer is required to provide them. Eyesight testing is not compulsory but is often a useful first step to take if staff are complaining of problems that might be linked to the use of display screen equipment (for example sore eyes and headaches).

Keyboards - are they stable, separate from the screen and is there enough space in front of the keyboard to provide support for the hands and arms when an operator is not typing?

Working Environment - is the environment free from noisy machines and printers? Is the temperature suitable? Is the lighting satisfactory and are the screens free from glare etc?

Work desk / work surface - is there enough room for the userís knees and legs under the desk when working? Is there sufficient space to allow the user to arrange their equipment and documents to perform the job?

Work Chair - For example, is the chair height adjustable, in terms of both the actual seat height from the floor, and in allowing backrest adjustments to be made for different user needs?

Software Design - often employers can overlook problems that can arise with the type of software used and it is important to assess whether users are experiencing problems with the software and to take remedial action as appropriate (e.g. provide more training on software packages, get technical support to prevent system crashes).

As with all Health and Safety Regulations the employer is encouraged to assess the potential presence of risk factors associated with using Display Screen Equipment and to take actions as early as possible to reduce those risks. It is therefore important that employees are encouraged to report any problems they experience using computers and display screens, and that employers monitor trends in absence from ULDs to identify users who may potentially be at risk.

Employers should seek to provide information on appropriate support services, such as Occupational Health, GP and Ergonomics to ensure that users have access to support and advice as needed.

The law on VDUs: An easy guide to making sure your office complies with the Health and Safety (Display Screen Equipment) Regulations 1992 (as amended in 2002). HSG 90 HSE Books. 2003 ISBN 0 7176 26024.

Work with display screen equipment, Health and Safety (Display Screen Equipment) Regulations 1992 (Miscellaneous Amendments) Regulations 2002. Guidance on Regulations. L26 (Second Edition). HSE Books 2003. ISBN 0 7176 25826.

‘Display screen equipment’ (DSE) refers to electronic devices with screens, such as PCs, laptops, smartphones and other monitors. DSE introduces unique risks to employees’ health. The Health and Safety (Display Screen Equipment) Regulations 1992 introduce legal requirements that employers must meet to fulfil the health and safety-related duty of care that they owe their employees.

Employees are classified as ‘DSE users’ if they regularly use DSE for continuous periods of 1 hour or more during their work. An employee is not a DSE user if they only occasionally use DSE, even if when they do use it they do so for periods of 1 hour or more.

Employers should ensure that, when fulfilling these responsibilities, they consider their employees as unique individuals. Risk management should be tailored to any specific needs. For example, an employee may have a disability which means that they need a certain kind of support to be able to work safely with DSE. Read Disability and reasonable adjustments for more information.

Employees have a responsibility to care for their own health and safety at work (including when they are working from home). They must also ensure that they don’t do anything to put others’ health and safety at risk.

To achieve this, employees should follow all health and safety training and guidance that their employer gives them. They should also make their employer aware of any risks or issues (eg eye strain or back pain) as soon as possible.

A workstation assessment is an analysis carried out on a DSE user’s working situation to find out if it poses any risks to the user’s health and safety. For example, does an employee’s chair inadequately support their back, putting them at risk of back pain? Does glare from screens and windows consistently get in an employee’s eyes, exposing them to the risk of eye strain and fatigue?

analysis of the workstation’s set up including the furniture, DSE and other equipment, and other working conditions (eg are heat and noise levels appropriate?)

Employees can be asked to complete a self-assessment of their workstations as a starting point, but ultimate responsibility for ensuring checks are correctly carried out will always lie with the employer. Often, an employer will nominate a specific person or people to hold responsibility for workstation assessments.

The Health and Safety Executive (HSE) provides a checklist template which can be used to help with workstation assessments. For more information on requirements for workstation assessments, read the HSE guidance.

It can help to create a Health and safety policy which includes provisions for DSE use. This usually sets out an employer’s plans for reducing risk and assigns responsibility for actioning these plans.

Employers must provide DSE user employees with free eye tests and, if required, glassesto allow them to work safely with DSE. The test must be a full eye and eyesight test including a vision test and eye exam. It must be performed by a suitably qualified optometrist or doctor. Eye tests should be provided:

If an eye test determines that an employee needs glasses, their employer only needs to pay for them if the employee requires them only for DSE use (ie they are prescribed specifically for the distance that the screen is viewed at). Only basic lenses and frames (ie which are sufficient for the employee to safely do their job, no more) must be paid for.

In some cases, bifocal or varifocal prescriptions may be considered necessary for allowing an employee to do their job. In such cases, these must be paid for by the employer. This could apply if the employee has to focus on things at different distances whilst doing DSE work and they need glasses for both distances (eg if they talk to clients sitting across from them whilst using DSE).

Employers may choose to let employees get glasses which meet other needs. In such situations, they would only be required to pay for the costs attributable to the DSE related job needs.

For more information on workplace health and safety obligations, read Health and safety and Employer health and safety responsibilities for staff working from home. To help meet your obligations as an employer, create a Health and safety policy.

2. Employers must ensure that employees take regular and adequate breaks from looking at their screens. (The CompactLaw Risk Assessment Form recommends a five-minute break to do alternative work, either at an employee"s desk or away from their desk every 30 minutes.)

3. Employees are entitled to ask their employer to pay for yearly eye tests. To avoid possible future litigation employers should make their employees aware of this right. A "competent person" must carry out any eye test - this means a qualified optician. It is advisable for an employer to keep written records of who receives free eye tests, the dates and costs of the tests. Most opticians can provide individual reminders every year of when an employee"s eye test is due.

4. Employers must provide their computer users with adequate health and safety training for any workstation they work at. This entails showing employees how to properly adjust their chairs and desks (if adjustable) and the correct way to sit and work at their workstations.

There is no requirement for most private employers to have a drug-free workplace policy of any kind. The exceptions to this are federal contractors and grantees, as well as safety and security-sensitive industries and positions.

One category includes laws such as the Drug-free Workplace Act of 1988. These laws are designed explicitly to target workplace substance use. They legally compel certain types of employers to take action against drug use in the workplace, such as by developing a written policy.

The other category includes laws designed to protect the basic civil rights of American workers. These statutes provide special legal protections to certain kinds of employees. They set clear limits on how far an employer can go in investigating and establishing consequences for employee drug use. The most important federal laws and regulations of this type to consider are:

For employers considering drug testing, legal counsel is advisable, because lawsuits have been filed against employers for invasion of privacy, wrongful discharge, defamation, and discrimination. The best way to avoid getting drawn into litigation, aside from securing legal counsel, is to make sure that all of your policies are implemented fairly and consistently—in a manner that does not conflict with any federal, state, or local civil rights or workers" rights laws. For more information on legal best practices, review 10 Steps for Avoiding Legal Problems.

The Americans With Disabilities Act (ADA) is perhaps the most important federal civil rights legislation that affects employers when developing and implementing drug-free workplace policies. It prohibits all U.S. employers with more than 15 employees from discriminating against qualified job applicants and employees because of a physical disability.

The ADA does not, in any way, prohibit employers from having a drug-free workplace policy, nor does it provide any special protection to individuals who are currently using illegal drugs. However, it does make it illegal for employers to discriminate against recovering alcoholics and drug users who have already sought treatment for their addiction.

Employers also cannot fire, refuse to hire, or refuse to promote employees merely because they are enrolled in a drug or alcohol rehabilitation program.

Employers who have drug-testing programs need to be extremely careful not to single out employees for testing simply because they look or act as though they are under the influence of drugs or alcohol. Many of the physical symptoms that are commonly associated with intoxication—slurred speech, disorientation, or a lack of coordination—can also be the result of a serious physical disability or medical condition, such as diabetes, low blood sugar, or mental illness. Individuals with these conditions are protected under the provisions of the ADA. Singling them out for testing or disciplinary action could result in charges of discrimination.

Finally, employers should refrain from asking employees about their legal prescription drug use as part of the pre-hiring or pre-promotion drug-testing process. While the case law in this area is still evolving, some state courts have ruled that requesting such information constitutes a form of discrimination and is in violation of the ADA.

Alleged violations of the ADA account for almost half of all lawsuits involving drug-free workplace programs, so it is extremely important for employers to acquaint themselves with the details of this legislation. Additional information about the ADA can be obtained by contacting the Department of Justice"s (DOJ) ADA hotline at 800-514-0301 or accessing DOJ’s ADA Information and Technical Assistance.

The Civil Rights Act, 28 Code of Federal Regulations (CFR), 42 (PDF | 5.4 MB) is a landmark law that prohibits private employers with 15 or more employees from discriminating against individuals on the basis of race, sex, religion, or nationality. Employers implement a drug-free workplace policy need to keep in mind Title VII of the Civil Rights Act.

While challenges to drug testing or drug-free workplace policies under this legislation are relatively rare, employers should make sure that their programs treat all workers equally and avoid singling out any particular racial, ethnic, or gender group for testing or disciplinary action.

In large workplaces that are racially and ethnically diverse, it is also wise to involve a diverse and representative group of employees in formulating your policy. This will help ensure that you produce a program that is culturally competent, fairly enforced, and sensitive to the needs of all employees.

The Family and Medical Leave Act (FMLA) (PL 103-3) applies to all public agencies and to private employers with more than 50 workers. Under FMLA, these employers must allow employees who have worked for the employer for at least one year and who have worked at least 1,250 hours in the past 12 months to take up to 12 weeks of unpaid, job-protected leave because of their own serious health condition or to care for a spouse, child, or parent who has a serious health condition.

FMLA also prohibits employers from retaliating against workers who request FMLA leave. For example, an employer cannot demote, fire, or refuse promotion to an employee simply because that employee takes 12 weeks off for treatment of a substance use disorder. Employers also are prohibited from taking any action against workers who request time off to care for addicted family members. For more information, visit the Department of Labor’s (DOL) FMLA guide.

Employers implementing drug-free workplace policies in unionized workplaces need to be aware of the requirements of the National Labor Relations Act (NRLA). Passed in 1935, this law provides a legal framework for all management and labor negotiations.

Under NRLA, any drug-testing program affecting unionized workers must be negotiated and agreed on with the union through a formal collective bargaining process. Even when an employer is required to implement a drug-testing program by another federal mandate, such as the Omnibus Transportation Employee Testing Act of 1991, the employer must negotiate with the union to determine exactly when testing will be conducted and what penalties should apply to workers who test positive for drug or alcohol use.

All too often, employers assume that negotiating a drug-testing agreement or drug-free workplace policy with their unions will be an unpleasant and adversarial process. However, some unions actually support such programs because of their potential to reduce workplace injuries and accidents.