Posted By Adam Parker
I have been dealing with a persons DSE assessment, and it has been on e of those nightmares where everything they have is wrong and no matter what yiou do they get one symptom then another. The dilema now is at what point should i consider removing the person from the workplace as we have done all the is reasonably practicable and am awaiting a speciaslist to assess the worker. The problem is that the worker seems to be being advised by someone and is attempting to create an in depth email trail. The specialist appointement is 6 weeks away. Would the next best step be to remove the worker until seen by the specialist? Or risk at a later date the possibility of them stating thet they suffered further injury during the waiting period?

Any Thoughts?

Posted By John Ridd
Ian's suggestion is spot-on in my view as, in my experience, to suspend someone/send them home tends to lead to an increase in problems as they dwell on things and become more depressed about the outcome - the so-called spiral of decline.

However, if you have other jobs to offer, do be careful that they are not such that they might exacerbate the condition(s) - and that isn't always easy, especially if as you suggest this person has a number of problems.

In my view, the most effective way to diffuse a potential litigation in this area is to show that you are doing all you can to help the individual. It is usually only when they feel their problem is being ignored/sidelined/ridiculed that people resort to the legal process. On the other hand, companies sometimes don't want to demonstrate concern or to change the work/workplace in case it implies acceptance of liability, but that's a question only you and your colleagues, knowing the culture within your organisation, can address.

You don't say what sort of 'specialist' will be looking at your employee - do you mean an Occ Health Medic, a Medical specialist or an ergonomist or physio? Certainly I would guess you will need two of these, and I also hope the individual has already been to see their GP; if not, your next step should be to recommend that they do (hopefully that won't take 6 weeks).

Clearly (or I assume) you have done a DSE risk assessment since finding out about this person's problems - if as a result of that you feel they are still exposed to a risk of injury then you have to change the way in which they are working and, in my view, you should certainly not wait the 6 weeks. If you do not act on the findings of the assessment, you will be open to the charge of not trying to reduce a clearly identified risk.

Posted By Dave Wilson
Here is a thought!

You have supplied the Workstation which is compliant in all the circumstances etc maybe this person needs a reality check and a P45!