Andrea Osbourne worked as a freelance subeditor for the
newspaper two-and-a-half years, mainly on the website. She claimed
to work almost exclusively using a mouse, at speed, for an average
of nine hours a night, and up to 45 hours a week, without a
break.
Osbourne was supported by the National Union of Journalists and
represented by its lawyers, Thompsons. The firm claims that, 15
months after starting work, Osbourne developed stiffness and pain
in her right elbow. Her GP gave her a cortisone injection to ease
the pain and recommended that she seek help from her employer,
since the waiting list for NHS physiotherapy was so long. According
to Osbourne, The Guardian's HR department refused to help. She
claims she was told that access to the company physio was only
available to permanent members of staff. Eventually she was unable
to bend her elbow and she was unable to continue working. The
movement in her elbow only returned after nine months of rest and
physio.
The Guardian has made no admission of liability. In a statement
it said it was "saddened" by Osbourne's version of events, which it
disputes, adding that it takes "extremely seriously" the welfare of
all its permanent, freelance and casual employees.
Simon Joyston-Bechal, a partner with Pinsent Masons who advises
employers on avoiding health & safety liabilities, described
Osbourne's case as a wake-up call for employers.
"Regulations require employers to assess all workstations for
health and safety risks," he said. "Many find this difficult to
achieve for all workers. But some don't even try."
He pointed out that many staff routinely spend their working day
hunched over a laptop, peering at a tiny screen. "Employers are
asking for trouble if they turn a blind eye," he warned.
The Health and Safety (Display Screen Equipment) Regulations
were passed in 1992 and updated 10 years later. They cover more
than just monitors. The whole workstation, including input devices,
which would include a mouse, must be assessed. They also require
that employers "plan the activities" of staff to ensure that their
daily work at computer screens is "periodically interrupted by such
breaks or changes of activity as reduce their workload at that
equipment."
