H&S at work problem

[hammerman]

My 19 year old step daughter works at one of the large holiday parks in the UK. She works behind the bar and she lives on site (she has recently moved in with her boyfriend who also lives on site)

Over the past few weeks, her feet have become very sore and blistered. She's been to the Dr who has signed her off work and given her cream. The medical condition has been caused by her feet being in constant contact with the drinks and also the cleaning materials used for cleaning the pipes etc.

However, as she's gone off sick, she's not allowed to stay on site and has to move out temporarily. She has nowhere to go and is too frightened to confront her bosses about the health and safety issue with the chemicals and with the company not providing suitable footwear.

Now, her boss has seen her still on site....she's been laying low in her boyfriends chalet....and wants to see her tomorrow morning with her stuff.

Help, is there anything she can do or say to them. She received no proper training with these chemicals and no one wears and personal protective clothing.

She loves the job and works long hours so would obviously like to keep her job. She's going back to the Drs tomorrow so i've told her to explain everything.

Any suggestions ?

Many many thanks as usual.

[BagPussAA]

I have had this problem in the past as I have worked in the pub trade for 11 years now. She needs to ask her boss for COSHH training as they have a legal obligation to teach it to her. Tell her to buy decent DM type boots and they should not only cushion her feet but the quality of the boot means that they wont rot as quickly. She could also try some cushioned insoles that will help her feet. Unfortunetly because she has remained on site when she was supposed to have moved off, they may just take a dim view of that.

[hammerman]

Thanks bagpuss....unfortunately she's got nowhere to go as we live too far away. I did suggest that she she takes a sleeping bag and sleeps outside the front gate so all the bosses would see how pathetic the rules were.

As for the footware, do the employers not have a legal obligation to provide pereonal protective equipment....which includes appropriate shoes or boots ?

[pink-kittens]

That appears to me to be one of the most stupid rules I have come across yet. I also find it abhorrent they would see her sleep rough.

I agree with the boots. I worked behind a bar for years and the shoes I ruined through the beer getting into them. I ended up buying thick soled boots - hush puppies i think - and whilst they still got ruined it wasn't as quickly as a pair of shoes

[JJy2k]

She should first check her contract to see if it mentions anything about personal protective equipment. ie protective shoes. If the contract states that they should provide adequate protection for her feet and they have failed to provide them, then the employer is liable as they have not met there statautory h&s obligations. If the problem is directly linked to the drink on the floor, has her company carried out a risk assessment on how this could affect employees health? Again find out.
She needs to speak to her employers asap before doing anything.Gd luck.

[buildersmate]

Another angle on this is that if the job has made her ill such that she cannot work, it sounds to me like she has received an industrial injury. Its rather different from 'I hurt my foot in the street last week'
Maybe if she tries that tack with her employer she might get a more sympathetic hearing.

[Pellinor]

Aside from your daughter's physical problems then she may also be able to claim that she has a 'service' or 'tied' tenancy at the holiday park which means that she has security of accommodation while she remains in the job - even if she's off sick. If this is the case then she might even have been harrassed or illegally evicted within the terms of the Protection from Eviction Act 1977. It is a complex area and I think a confidential phonecall to Shelterline would be a good idea - 0808 800 4444 where you or your daughter can get advice from trained advisors. Good luck!

[RevFunk]

Without meaning to sound nasty, I worked behind bars on and off for many years and nver had a problem.

Unsuitable footwear immediately springs to mind plus what sort of bar has a floor swimming with beer and chemicals?

[ChocolatChip]

I have to admit that I agree with RevFunk.
I have worked in kitchens and bars for about 3 years. My partner worked in a bar for 5 years and my father worked in a bar for a couple of years in the 1970's (when you'd imagine chemicals to be much more harsh)
And we all agree that she must've been wearing improper footwear to get such problems. What kind of shoes was she wearing? Are the well worn down?
If she has a contract (as someone has said before) it would tell her what kind of shoes she should be wearing. Which from what I remember of my Whitbread time was no sandals, peeptoes or heels (above an inch). For understandable reasons.

[hammerman]

Thanks for all your help. I've asked some of the above questions and and i'm awaiting her reply.

I'm not even sure if she has a contract to tell you the truth.. Regardless of what shoes she's been wearing, her employers have a duty of car towards their employees and are legally required that staff work in a safe and comfortable environment. As far as i know, they are aware that the slops and chemicals are causing the problems but have failed to act on it. Technically it is an industrial injury as mentioned above.

I'm not sure that the floor is swimming in liquid, i just think she gets it on her feet as she is moving the glass from tap to bar. The injury is pretty severe and it looks like she has leprosy on her feet !!!!!

Thank you all for your answers....they've been noted and passed on.