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Being forced to use 'makeshift rear area' on factory floor


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The company are forcing me/work colleagues to use a 'makeshift' rest area consisting of a couple of tables pushed together

and 4 chairs on the factory floor where we work as they say it takes to long to go to the proper canteen upstairs.

The environment is noisy with machines running/radio on etc.

 

I've challenged this stating the fact I can't remove my PPE in this 'rest area' as it's still on the factory floor as per HSE

,'facilities for rest and eat meals' as I'm on my feet most of the day and I like to take my boots off when I get the chance as my feet ache etc.

 

http://www.hse.gov.uk/pubns/indg244.pdf

 

As a side note,The tables and chairs partially block the route to the fire exit.

It also states I'm not allowed to bring food onto the factory floor but they're willing to 'over look' this as they say we can bring snacks in!

 

Am I right in challenging this or should I consider myself lucky to get a break?

 

Thanks for reading,any advice much appreciated

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You don't say whether this is for your statutory break entitlement or for any unofficial downtime during shifts.

 

You have the right to at least 20 minutes uninterrupted and unpaid break in each shift of six hours or more. You must be allowed to take this break away from your workstation. You should also be allowed additional breaks if the work is monotonous or a failure to take a break might endanger health & safety - these additional breaks do not have to be away from the shop floor, but should allow you to take a break from the function that you perform for work.

 

If you are getting no time away from the actual 'work' environment then yes you should challenge it. You also need to deal with the blocked or obstructed fire escape. You should have a H&S rep at work - might be best to get it raised via that route in the first instance, and if you make a collective complaint it might also be better that way.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thanks for the reply sidewinder,we have a 30 unpaid break where we are allowed to use the proper canteen and 2 x 10 min breaks,these are the ones they want us to take on the factory floor

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In that case I can't see anything unlawful - you are being given the required statutory break away from the work area and additional 'rest' breaks in between which allow you to stop work, albeit not to actually 'escape' the factory floor.

 

The fire exit situation definitely needs looking at though!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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In that case I can't see anything unlawful - you are being given the required statutory break away from the work area and additional 'rest' breaks in between which allow you to stop work, albeit not to actually 'escape' the factory floor.

 

The fire exit situation definitely needs looking at though!

The 'unlawful' bit is I can't remove my PPE as I'm on the factory floor.

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hi,

You have a break of 30 minutes in the canteen. The 10 minute breaks you are given seem to be an extra bonus given to you, since you are not entitled to the 10 minute breaks as you have already had your entitlement of 30 minutes.

 

So you can complain to your employers that you consider it 'unlawful' that you can't remove your PPE equipment, their solution would probably be to cancel your 10 minute breaks since you are not entitled to them.

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