Hi Renata – Members of my DWG are suffering migraines because of the fluorescent lighting in our offices. My manager is refusing to listen. What can we do?
Too much or too little lighting is a recognised cause of migraines, eye strain and headaches. Under Victorian OHS legislation, this is a recognised workplace hazard that your employer has a duty to address. As an HSR you have strong powers to address this with your employer.
WorkSafe’s Compliance code: Workplace facilities and the working environment addresses the basic requirements around workplace lighting including suitability for the nature of the work and required lighting levels for specific tasks. Although it says nothing about specific artificial lighting types, it does state:
- Lighting must suit the nature of the work and allow employees to work effectively without straining their eyes
- Lighting must be free from glare, flicker and stroboscopic effect
- Employers must consider illumination levels and their impact on fatigue
Poor lighting is also relevant as a psychosocial hazard — poor environmental conditions including poor lighting are recognised in the Psychological Health Compliance Code as a psychosocial risk factor.
Speak with your DWG members to gather information and document the issue – e.g. symptoms, frequency, when/where their migraines occur, how many people are affected etc. Consider doing a body mapping or hazard mapping exercise with your DWG members to better understand the issue and to confirm that the lighting is the cause, rather than a different hazard such as poor air quality, fumes etc. Regardless of the identified cause, your employer has a duty to eliminate or reduce hazards.
Use your s.58 HSR powers to conduct an inspection of the workplace and to request information from your employer about the lighting provided in your offices. Ensure that the issue is reported via your company’s hazard/incident/injury reporting system. Please encourage each of your DWG members who are being affected by the lighting to report their migraines as an injury/incident in your workplace’s reporting system.
Your employer has a duty to resolve identified workplace hazards and to consult with employees and HSRs on health and safety matters. If your manager is refusing to listen or respond to reports you can put your concerns in writing and formally request consultation using our Consultation Email template which references your employer’s duty under s.35 of the OHS Act. Request that they provide a formal response within a reasonable timeframe.
If you or your employer require more clarity around what consultation should look and sound like, refer to the Guide to Part 7 - Employee representation handbook for workplaces.
Your employer may want to consider some of the controls suggested in the Hazardous Manual Handling Compliance Code and Workplace Facilities Code including:
- Changing fluorescent tubes to flicker-free LED lighting
- Adding diffusers or reflectors to reduce glare
- Providing additional or alternative task lighting (e.g. desk lamps on movable arms)
- Adjusting the number or position of lights
- Using screens, blinds or louvres to reduce glare and reflections
- Repositioning workstations to 90 degrees from light sources
If your employer still refuses to act, you have the s.60 power to issue a PIN requiring the employer to assess the lighting and implement controls to address the identified hazard. If your employer fails to comply with the PIN or continues to ignore the issue, you can request that a WorkSafe inspector visit the workplace.
This isn't just an individual issue — it is affecting multiple members of your DWG. Consider discussing it collectively at a DWG or team meeting and raising it at the Health and Safety Committee if one exists in your workplace. You can also contact your union for support — they can help you escalate and advocate if necessary.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!