The Health and Safety (Display Screen Equipment) Regulations 1992
Duty-holders |
Employers. |
Purpose of assessment |
Assessment must be a suitable and sufficient analysis of the health and safety risks to exposed persons arising out of DSE. For many office tasks, the assessment can be an employer judgment based on its workers' responses to a checklist questionnaire. |
People/process |
Workstations either used for the purpose of an employer's undertaking assessed by "users", or provided by an employer and used for its undertaking by "operators". To fall within the scope of the Regulations, workers must habitually use DSE as a significant part of their normal work. They are split into "users" (employees) and " (self-employed); the former enjoy fuller protection under the Regulations. HSE guidance provides detailed - and not always enlightening - advice on "habitually" and "significant". The HSE gives seven criteria to help determine a "user, including whether or not the individual: depends on the use of DSE to do the job; has no discretion as to the use of DSE; needs particular training in the use of DSE to do the job; uses DSE for an hour or more continuously; and uses DSE in this way daily. |
Details of duty |
Following the assessment, an employer must reduce any risks identified to the lowest extent reasonably practicable. In addition, workstations must meet a schedule of minimum requirements covering equipment, environment, and computer-operator/user interface. These requirements apply only where they relate to worker health, safety and welfare; are present at the workstation; and the inherent requirements or characteristics of the task make compliance appropriate. Employers have a specific duty to plan the activities of users so that their daily DSE work is periodically interrupted by breaks or changes of activity that reduce their DSEworkload. The guidance on what constitutes a break is not prescriptive, concentrating on advice such as short and frequent breaks are better than longer and occasional ones. Employers must provide users with a free eye and eyesight test at regular intervals and if they are experiencing visual difficulties, and with free corrective appliances (normally a basic pair of spectacles) if needed specifically for work with DSE. |
Timing of assessments |
Immediately, and then either if there is reason to suspect the assessment is no longer valid, or if there have been significant relevant changes, including major changes to software, hardware and workstation furniture, or in the amount of time spent on, or intensity of, DSE work. |
Records to be kept |
Not in the simplest cases, for example where there is no obvious risk. In all other cases, records should be kept. |
Provision of information and instruction |
Employers must provide users and operators with information on all aspects of workstation health and safety, and measures taken in order to comply with the duties on workstation analysis, risk reduction and minimum requirements. They must provide information to users on daily work routines and provision of training. The guidance adds that the duty extends to the provisions on eye and eyesight testing and corrective appliances. |
Provision of training |
Health and safety training for users must be adequate and aimed at minimising risks in three areas - physical problems, visual fatigue and mental stress - as well as for less common issues such as epilepsy, facial dermatitis, electromagnetic radiation and effects of pregnancy (although the guidance adds there is no specific risk to pregnant women). |
Assistance from competent persons |
Health and safety staff or trained line managers should generally be able to carry out the assessment. Outside expertise may be needed for problems such as faulty equipment, complex work design or critical work. |
Consultation with safety representatives |
Not specifically covered in the Regulations, but required under the Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996. |
Employees' duties |
Not specifically covered in the Regulations, but the Management of Health and Safety Regulations 1992 require employees to cooperate with their employer's health and safety arrangements. |
Liability |
Criminal and civil. |
ENFORCEMENT OF THE HEALTH AND SAFETY (DISPLAY SCREEN EQUIPMENT) REGULATIONS 1992 BY THE HSE2
|
1993/94 |
1994/95 |
1995/96 |
1996/97 |
1997/983 |
Improvement notice requirements |
0 |
0 |
0 |
5 |
0 |
Deferred prohibition notice requirements |
0 |
0 |
0 |
0 |
0 |
Immediate prohibition notice requirements |
0 |
0 |
0 |
0 |
0 |
Percentage of all requirements in notices served under specific Regulations4 |
0% |
0% |
0% |
<1% |
0% |
Informations laid |
0 |
0 |
1 |
0 |
0 |
Convictions |
0 |
0 |
1 |
0 |
0 |
Informations withdrawn |
0 |
0 |
0 |
0 |
0 |
Informations dismissed |
0 |
0 |
0 |
0 |
0 |
Percentage of all HSE convictions5 |
0 |
0 |
<1% |
0 |
0 |
Average penalty per DSE Regulations conviction |
0 |
0 |
£2,000 |
0 |
0 |
Average penalty per all HSE convictions |
£3,103 |
£2,873 |
£2,572 |
£5,274 |
£4,785 |
Average penalty per HSE conviction, excluding fines of £100,000 or greater |
£2,447 |
£2,677 |
£2,572 |
£3,113 |
£3,886 |
Source: HSC/E
1SI 1992 No.2792, the Stationery Office. The DSE Regulations 1992 and guidance are published together as "Display screen equipment work", L26, HSE Books, ISBN 0 11 886331 2, £5.
2Local authority figures not available.
3Provisional.
4Regulations quoted in five or more requirements.
5Includes other Regulations and Acts.