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Posted By Laurie
One of our minibus drivers has had a heart attack from which he has apparently recovered. However, my view is that he should not be allowed to drive the bus until he has produced a medical certificate saying that he is safe to do so i.e. that he is not likely to have another attack.
Unfortunately there are those who say that we are not permitted to discriminate in this way.
I am well aware of the provisions of the DDA, but I do not think we are being unreasonable in this case.
Any comments?
Laurie
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Posted By Ron Young
Laurie,
I am assuming that his medical team know of his occupation, which is likely, and they have passed him fit to return to this work. On this basis, there appears to be no reasonable argument against this and he should be allowed to return without further evidence required. Am I being too simplistic?
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Posted By Nick House
Hi Laurie,
I do not feel that you are being unreasonable in asking for either a medical certificate or a letter from the driver's doctor/ consultant. Although (providing circumstances that potentially led to the heart attack have changed) there may well be a reduced chance of a recurrence, what would happen if the driver were to have another heart attack whilst at the wheel of a minibus full of passengers? I think you would then find that the question would then be reversed, and you would be asked why was proof of the suitability (of the driver's health)to return to his job not requested.
That said, I think you may find that you are opening a can of worms here.
Best of luck.
Regards,
Nick.
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Posted By Laurie
Ron
I accept your point, but I'm afraid I did not give you the full picture. His actual occupation is college lecturer, so his medical team may not be aware of his driving responsibilities
Laurie
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Posted By Ron Young
Laurie,
In that case, I would agree with your first thoughts and ensure that you have medical evidence of his fitness to drive the proposed vehicles. I'm also sure that the vehicle insurers would require the same information, or you may find that he won't be covered
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Posted By Jay Joshi
It is primarily the "drivers" responsibility to comply with requirements of the various road traffic acts & regulations--which includes medical fitness to drive and informaing the DVLA of specific health conditions. There is a wealth of information on the DVLA website--use the address below to access the medical rules. In fact there are more stringent requirements for larger vehicles, including mini-buses.
http://www.dvla.gov.uk/drivers/dmed1.htm
As per the information on the website, a driver who informs the DVLA of a health condition will be sent a quetionnaire by the DVLA. It asks for the driver's permission for their medical adviser to approach the doctor doctor and specialists, for reports. I understand that the DVLA has its own guidelines for temporary periods of "suspension" of the license. It is possible that the driver may have already done this, but you as an employer need to get clarification on only one aspect--has the driver complied with the medical rules, and if so, provide documentary evidence of the same-i.e.whether fit to drive. What individuals do with their personal lives is their own business (although they are a risk to other road users, hence these requirements), but if the driver is driving for work related activities, such as mini-bus driving, you as an employer have a duty of care to at least check the validity of his driving license conditions.
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Posted By Mark Jarman
Laurie,
I think it is entirely reasonable for some form of medical certification or opinion on this persons fitness to drive. As others have mentioned, there are other people who may be affected in the future.
Regards
Mark
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Posted By David .J. Minnery
Laurie ,
Leave the decision up to the insurers , they should be notified in any case of the drivers medical history , especially followind a heart attack , if you fail to notify the insurer regarding this before allowing the person to drive , your insurance may well be invalid for failing to notify material facts regarding health problems , the insurer will decide on
fitness to drive by providing or withdrawing cover for the person in question . You must inform the insurer at all costs .
Regards
David
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Posted By Maggie Atterbury
In the case of any illness/injury that could affect the employee's ability to carry out any part of his/her work I would seek the advice of our Occupational Health Service. We subscribe to one run by our local hospital. They would examine the employee and give us a work related medical opinion. They would also monitor the employee over a period of time if necessary. They give us invaluable advice which can be given to the insurance company if appropriate.
This is part of the risk assesment process and does not go against the DDA.
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