Health&Safety(tools at the workplace)

[manowar68]

I have trigger finger at the moment due to holding a file by the blade with no handle on it.What i need to know.......is it illegal to hold a file by the blade for any amount of time like 8 hours a day.
I have been of work with this as i can't close my hand and when i do get it closed the small finger stays locked.I have search the net on trigger finger and it says a small lump on the tendon causes the finger to lock up.
Just need to know would holding this file for 8 hours cause this?and is it illegal.Has any body else had this probem?
I had the nurse over to look at my job and she was not happy with the files.
I am going for industrial injury,do i have a case?
My boss said to the nurse it's always been like this, files with no handles and i was not to no that holding a file for that amount of time was going to damage my hand

Any help in this matter would be great.............Thanks

[br3ach]

You can refuse to work with those tools I would have thought, although I am not a hundred percent sure on that ...

If its hurting your had to do it, then stop doing it, bottom line ...

They are some dodgy employer if they force you to continue using it if its hurting yor hand anyway :/ but maybe someone else will post 'the law' about this later in the thread.

[Theodoric]

I'd say you have a pretty good case under PUWER (Provision and Use of Work Equipment Regulations 1998). Read the HSE Guidance and see if you think it covers your case - I'd say yes.

[Ramrod]

Originally Posted by manowar68

Just need to know would holding this file for 8 hours cause this?

Definitely could cause it. Did you have the problem before this job?.

[Atomic22]

as far as i know its not illegal to have files with no handles because if it was legal the makers would have to supply a handle and they do not......
however tendonitis is a form of RSI and work related and any work related illness is claimable.....you shouldnt be allowed to do the same repetetive job for 8 hours.
if your boss makes you do the job with sore hands thats classed as workplace bullying and is illegal.
do you have a health and safety rep? if so tell him
are you in a union? if so tell them
file handles are about 50p each and if you slip using a file without one ,the tang will stick in your hand and do a lot more damage. your boss must know this and he has let files be used with no handles before......"its always been like this" is no excuse for ignoring health and safety and the "boss" has a "duty of care" to his workforce and is bound by law to look after your health and safety and this he is clearly not doing....
he himself is liable in law for letting you do a dangerous act (which it is).......
you are also liable in law for doing it knowing its dangerous........
you really need to stop using the files and report it as being dangerous and getting the files sorted so someone else doesnt end up with one stuck in their hands ,before slapping a claim in for compo

[manowar68]

Originally Posted by Ramrod

Definitely could cause it. Did you have the problem before this job?.

Did not have this problem before,it just came on me after holding this file for so many weeks.

[Flubflow]

See this HSE leaflet... http://www.hse.gov.uk/pubns/indg229.pdf

Here is just the relevant part from the above.....

Make sure hand tools are safe
Many risks can be controlled by ensuring hand tools are properly used and
maintained, for example:

hammers - avoid split, broken or loose shafts
and worn or chipped heads. Make sure the
heads are properly secured to the shafts;

files - these should have a proper handle.
Never use them as levers;

chisels - the cutting edge should be
sharpened to the correct angle. Do not allow
the head of cold chisels to spread to a
mushroom shape - grind off the sides regularly;

screwdrivers - never use them as chisels and never use hammers on
them. Split handles are dangerous;

spanners - avoid splayed jaws. Scrap any which show signs of slipping.
Have enough spanners of the right size. Do not improvise by using pipes
etc as extension handles.

So, I think you have a case.
BTW, the pointed bit of the file is called the "tang" (this will make it easier than writing down "the pointed bit" all the time when you come to sue their pants off ).

[luftys]

Make sure it in the Accident book,if not get it put in,because if you go for Industrial Injury they will need to check,go and see your own doctor so that it is recorded

[Bugblatter]

Under Employers Liability law, the employer is required to provide a "safe system of work". If the employer fails to do so and an employee suffers an injury as a result, they will usually be found negligent and liable to pay compensation.

It doesn't sound like you should be using the file without a handle and if your injury is permanent, you should get compensation. However, if it is only a temporary thing, it won't be worth claiming.

If however, you have been told numerous times not to use a file without a handle and ignored instructions, you might be struggling unless you could say you had no choice (lack of proper tools etc.)

Sounds like you have been treated poorly. Go see a solicitor.

[Ramrod]

Originally Posted by manowar68

Did not have this problem before,it just came on me after holding this file for so many weeks.

Sorry for the delay in answering)You need a referral to a orthopedic consultant, preferably one who specialises in hands. His/her report would then give you the necessary ammunition to take this further. If you go private you can speed up the process a lot. It should cost you about £100ish.
In terms of treatment atm you should ask your GP for physio, not that it may help much if a tendon has come loose from it's moorings in your finger.
basically, you need an examination so that the exact problem can be diagnosed, that can then be taken to lawyers and whoever can treat you.

[zoombini]

P.S. its maybe best not to mention your other "hobbies" that could also affect your fingers, hands & wrists etc. I.E. Xbox gameplay.

You know that its not that but "they" will try every trick in the book to worm thier way out of accepting liability.

A big question is, did you ever question the fact that it did not have handle?
Did you ever ask for a handle & if so how often did you ask & who?

If not they will say that no-one ever asked for a handle to be fitted & that the operators were responsible for pointing out that they needed a handle & if asked they would have provided one.

Just something to watch out for & good luck with it all.

[markmarkymark]

Hi ..

I know you have a case, and there is good advice above - even under the umbrela legislation of the Health & Safety at Work Act etc 1974. ALso agree with Zoombini above. Employee has a duty to look after himself and those around him .... i.e. you weaken your case for every day you continue to use the tool without bringing to the attention of the employer its 'fault'. Indeed, should that tool be 'dangerous' and another employee were to hurt themself on it, the employer AND you could be liable if it were to be proved that you knew about the dangerous tool - but did nothing ....

So go and kick up a stink (be nice about it !)

MArk

[zoombini]

Yeah, whatever you do, you "have" to inform your employer that it is causing you problems, they may just be unaware of the difficulties you face.

You have to give them the oppurtunity to sort it all out, to get proper handles etc.
It does not stop you seeking redress for thier failure to have a health & safety audit & assess possible dangers to health (A legal requirement AFAIKR) & your consiquent injuries, even if they do correct the problem.

[paulyoung666]

i think you might have a problem in that you knew it was wrong but carried on doing it , not trying to annoy , its just how i see it

[zoombini]

Originally Posted by paulyoung666

i think you might have a problem in that you knew it was wrong but carried on doing it , not trying to annoy , its just how i see it

Unfortunately, he could not say that he was not going to work, he would soon be in the mire if he did that.

How long has this been going on for to give you problems?
Have you ever mentioned it to anyone at work, Oh yes I see that you had the nurse look.
Well now that she has seen is is she making a report on it? based on what its done to you?
If so then it would be really handy if you can get a copy of this report off of her. It acts as evidence in your case.

Ask your workmates if they too have similar problems...