Reverse Burdon of Proof

Therein lies the chain of causation retrospectively dealt with in the 2011 Baker v Quantum Clothing & others and the HSE provides the retrospective evidence of omission to train DSE operators to make "reasonable adjustments" (1993 DSE Reg's, 1998 PUWER Act) or in the case of preexisting disability "accommodations" to prevent over-exposure (ISO 45001, 45003) or mitigate eye-strain, binocular vision stress, eye and headaches, blurred or worse double vision, migraine, dizziness, nausea etc symptomatic of "Computer Vision Syndrome" resulting in myopic and asthenopic disease (2016 WHO ICD-10).

https://www.youtube.com/watch?v=2C1jmwGIsGQ&list=PLezLOQBs0kcn1kCE3A_Jr5eShBiLu3kKy&index=4&t=10s

Currently you still require a "diagnosis of DSE related vision-loss" to qualify for FREE PPE Glasses regardless of it being reasonably foreseeable, in fact, predictable that 58% of DSE operators are likely suffer some debilitating degree of visual repetitive stress injuries.

For around 50% of Dyslexics (Visually Dyslexia) DSE operators, Neurodiverse and visually impaired the risk of Screen Fatigue or CVS increases '4' to '7' fold by comparison with fluent readers capacity to "sustain convergence and accommodation" for at least '20' minutes between visual breaks off-screen, following the 20-20-20 rule / guidance.

Whilst hearing-loss maybe associated with the last industrial revolution, over-exposure to harmful levels of noise, the 21st Digital Century Workplace stressors involve the over-exposure to the near indoors lacking sufficient daylight and increasingly close-up for prolonged periods on sub-optimally calibrated display screen interface without reasonable adjustments to minimum and maximum colour contrast validation and/or calibration, in addition to, sub-optimally pro-social workplace cultures supporting Wellbeing and Mental Health.

Work-stress fatigue also exacerbates occupational 'performance risk', let alone or aside from presenteeism and productivity, of error, mishaps and even accidents for commuters post work-shift on the way home suffering from, so called, "temporary loss" of "spatial awareness" solely dependent on clear 3D vision affected for up to three hours or longer.

" it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.’

Now then, since 2018 and 2019 even 2021 Human Resources Management Diversity and Inclusion regulations where is the employer going to go when Accessibility omissions found !?

https://www.shponline.co.uk/legislation-and-guidance/understanding-the-reverse-burden-of-proof/?elq_mid=9173&elq_cid=1321787&utm_campaign=SHP_230222_SHPDaily%20-%20Batch&utm_emailname=SHP_230222_SHPDaily&utm_medium=email&utm_source=Eloqua&sp_eh=f34831ecca811107983aed5690e3916206d0e805c467963591b4089af2a10c82