Table of Contents
As an employer, you have a legal duty of care toward your employee’s health, safety and well-being. To fulfil this duty, you must do all you reasonably can to support their well-being. Since your employees’ eyesight is part of their health, you may have some responsibility towards supporting them with their eye health. Not meeting your legal obligations could result in getting into trouble with the Health and Safety Executive, so you must know what you should do. Hence, this article will explain what you, as an employer, need to know about caring for your employee’s eye health in England.
What is an Employer’s Legal Duty Towards Their Employees’ Health?
Your legal duty of care towards your employees means that you must do what is reasonable to ensure you support their health, safety and well-being. This includes:
- providing a safe working environment;
- ensuring that discrimination does not occur; and
- making sure that risk assessments take place.
Legal Duty to Provide Eye Tests For Vehicle Drivers
You are legally required to ensure that any employees who drive as part of their job or operate specialised machinery are fit to do so. While paying for your employee’s eye tests is not a legal requirement, you may wish to do so to ensure your employees undertake the requisite testing.
Continue reading this article below the formCall 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
Legal Duty to Provide Eye Tests For DSE or VDU Users
Suppose your employees use display screen equipment (DSE), monitors, or a visual display unit (VDU). In that case, you are legally obliged to provide an eye test if your employee requests it. If this occurs, you should consider the following.
1. Arrange an Eye Test
If an employee requests an eye test, you should arrange and pay for both vision and eye examinations. Additionally, you may have an arrangement with a specific optician in place if it is likely that many of your employees require an eye test.
2. Provide Glasses
If the eye test indicates that your employee has poor eye health, requiring them to wear prescription glasses when using their DSE is a reasonable measure. If the prescription is particular for DSE use, you must cover the cost of the glasses. On the other hand, if an ordinary prescription suffices, you are not legally required to pay for the glasses.
In addition to providing eye tests and glasses, you are also legally obliged to assess all your DSE workstations, which should indicate if there are any health risks. Ultimately, you are under a legal obligation to take action to reduce these.
When Eye Health is a Disability
If your employee’s eye health causes them to have a disability, you have further legal obligations. A disability is where your employee’s eye health:
- affects their ability to carry out typical day-to-day activities;
- is an issue which does or is expected to occur for at least 12 months; and
- has a ‘substantial adverse effect’ on their life.
If your employee’s eye health is a disability, you have legal obligations to:
- not to discriminate against them based on their disability; and
- make reasonable adjustments, which means making changes to their job that help reduce or remove any issues that prevent them from carrying out their job role.
As your employee’s eye health is a potential disability, you may, for example, adjust their computer screen or provide paperwork in a larger font.
Further Points to Note About Eye Care
There are other valuable points you should be aware of in terms of how you need to care for your employer’s eyes. Firstly, you are still legally required to arrange and pay for an eye test upon your employee’s request, even if they:
- are new to your business; and
- had an eye test for their DSE use at their previous workplace.
Additionally, you may wish to create a corporate eyecare scheme which, in the long term, can reduce your eye care cost as an employer by prepaying for tests and offering employees vouchers.
Lastly, when you are required to pay for glasses for your employee, you are only legally required to pay for the lens and a bare frame. So, if your employee wants a more expensive frame, you do not have to pay the difference.
LegalVision’s Startup Manual is essential reading material for any startup founder looking to launch and grow a successful startup.
Key Takeaways
As an employer, you have a legal duty to take reasonable steps to support your employee’s health, safety and well-being. In most instances, this includes your employee’s eye health. You also have a legal obligation to provide your employees with eye tests if they:
- drive or operate specialised machinery; and
- use display screen equipment (DSE) or a visual display unit (VDU).
If you need help understanding your duties regarding your employee’s eye health, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
All employers have a duty towards their staff’s health, safety and well-being. This means that you must support your employee’s well-being as far as you reasonably can.
As an employer, you should care for your employee’s eyes because you have a legal obligation. This is particularly the case where your employee’s eye health constitutes a disability or where they are a DSE or VDU user.
We appreciate your feedback – your submission has been successfully received.
