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Anyone know much about employment law? especially if there is no water?

13 replies

MerlinsBeard · 06/11/2006 19:55

DP works in a dry cleaners (temporaily i have to add!) No dry cleaning done in tehre, just ironing. Last few weeks there have been leaks appearing all over the place including one that dripped from the light fitting. United utilities have now switched off the water until his boss has called a plumber to fix the leaks. They are apparently old pipes in ceiling that have been destroyed by a decayed and leaking roof.

As it stands there is no water at all. no toilet, nothing for a brew (not that he gets a break) and nothing to fill up the irons. He is currently using bottled water from the spar for that!

Apparently there is a lot of fungus where the roof has decayed and the whole place stinks and is damp, as well as there being no water.

He wants to know if its legal to be working without water? Especially if he has asthma which he does

(last year the same employer made them keep working when their electric cut off, he made them go for candles!!)

OP posts:
DizzyBint · 06/11/2006 20:03

This reply has been deleted

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MerlinsBeard · 06/11/2006 20:18

there are only about 4 employees there so its only small. his risk assessor is his boss!

OP posts:
CountTo10 · 06/11/2006 20:21

I am sure that its illegal as at least half of what you've described contravenes every health and safety regulation I know!!! Hmmm it's a long shot but is he registered to a union? If not I would suggest you give citezens advice a call or environmental health for some adivce on how to play it. What a nightmare!

MerlinsBeard · 06/11/2006 20:25

No, not a member of a union. I suggested CAB first thing but he has to open up and not really keen on that. WIll send him to CAB first thing instead!

Sounds like hell on earth and its ME that makes him go tehre! Hes a musician really but the momeny, at mo, isn't regular enough

OP posts:
MerlinsBeard · 06/11/2006 20:28

So u don't think i have posted and fled, DP wants the 'puter. Have told him i have Mumsnetted it

OP posts:
Waswondering · 06/11/2006 20:41

This reply has been deleted

Message withdrawn at poster's request.

MerlinsBeard · 07/11/2006 12:24

a small update, DP rang CAB this morning. They said that they would 'look into it' but are sure it is iilegal to work in such conditions - adding on the fact that there is no heating so its freeeeeezing at this time of year!

downside is though that if he did just leave we can't pay the bills and his boss would make his life a misery if he did complain. His manager is in today and she will agree with everything DP says until it comes to the point of contacting the boss and she will claim innocence.

Will tell him the idea about the council, thats certainly another way to go as our local CAB are useless!

OP posts:
fizzbuzz · 07/11/2006 13:25

Fairly sure this is illegal.I work in a shool and if ever the water goes down, the school has to shut on H&S reasons, eg toilets etc.
Am frantically praying for large water leak prior to returning off maternity leave. Hope this helps

katzg · 07/11/2006 13:32

there is a legal requirement on the temp of a place of work but cold and not hot:

The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment

Regulation 7 of these Regulations deals specifically with the temperature in indoor workplaces and states that:

During working hours, the temperature in all workplaces inside buildings shall be reasonable.
However, the application of the regulation depends on the nature of the workplace i.e. a bakery, a cold store, an office, a warehouse.
The associated ACOP goes on to explain:
?The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable. 'Workroom' means a room where people normally work for more than short periods.

The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.?

Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by:

insulating hot plants or pipes;
providing air-cooling plant;
shading windows;
siting workstations away from places subject to radiant heat.
Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling.

Where, despite the provision of local cooling, workers are exposed to temperatures which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.

References
L24, Workplace health, safety and welfare, (ISBN 0717604136 - available from HSE Books)
The HSE guidance publication, Thermal Comfort in the Workplace, seeks to define thermal comfort, and states:
'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.'
HSG194, Thermal Comfort in the Workplace, (ISBN 0717624684 - available from HSE Books)

katzg · 07/11/2006 13:33

Does my employer have to provide drinking water at work?
The Workplace Health, Safety and Welfare Regulations 1992 covers this requirement.

Regulation 22 places requirements on the employer with respect to the provision of drinking water.

It states:

An adequate supply of wholesome drinking water shall be provided for all persons at work in the workplace.
Every supply of drinking water required by paragraph (1) shall -
(a) be readily accessible at suitable places; and
(b) be conspicuously marked by an appropriate sign where necessary for reasons of health or safety.
Where a supply of drinking water is required by paragraph (1), there shall also be provided a sufficient number of suitable cups or other drinking vessels unless the supply of drinking water is in a jet from which persons can drink easily.
The approved code of practice states:
Drinking water should normally be obtained from a public or private water supply by means of a tap on a pipe connected directly to the water main. Alternatively, drinking water may be derived from a tap on a pipe connected directly to a storage cistern which complies with the requirements of the UK Water Bye-laws. In particular, any cistern, tank or vessel used as a supply should be well covered, kept clean and tested and disinfected as necessary. Water should only be provided in refillable containers where it cannot be obtained directly from a mains supply. Such containers should be suitably enclosed to prevent contamination and should be refilled at least daily.

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Drinking water taps should not be installed in places where contamination is likely, for example in a workshop where lead is handled or processed. As far as is reasonably practicable they should also not be installed in sanitary accommodation.

Drinking cups or beakers should be provided unless the supply is by means of a drinking fountain. In the case of non-disposable cups a facility for washing them should be provided nearby.

Drinking water supplies should be marked as such if people may otherwise drink from supplies which are not meant for drinking. Marking is not necessary if non-drinkable cold water supplies are clearly marked as such.

The guidance states:

Water supplies likely to be grossly contaminated, such as in supplies meant for process use only, should be clearly marked by a suitable sign. Bottled water/water dispensing systems may still be provided as a secondary source of drinking water.

Reference
L24, Workplace Health, Safety and Welfare, ACOP and guidance, (ISBN 0717604136 - avaialable from HSE Books)

katzg · 07/11/2006 13:34

this is all from this website hse

MerlinsBeard · 07/11/2006 16:38

thank you Katzg thats very helpful, my googling was producing nothing!

Hes due home soon so will get him to have alook at the site.

OP posts:
Whizzz · 07/11/2006 16:44

Yes - ditto to Katzgs links.
Spot on re: the H&S law - IMO the place should be shut down whilst repairs are made to ensure that it a suitable & safe place to work.
Fungus spores may also be a heath hazard - especially if your DP has asthma too

Hope this gets sorted

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