Posted By christopher harris I have a plant operator who passed his practical assessment on a 360 degree excavator. He cannot qualify for his CPCS card because he's failed the touch screen H&S test three times, therefore members of the MCG contractors refuse him access to their sites. I know the test is easy, it is not to this individual.

Posted By steve e ashton If the problem is with reading ability - there is a voice-over available on request that should avoid problems with reading ability... I would expect the test house to explain this to your man if necessary. If the problem is with lack of knowledge or intelligence, or ability to retain information - then, unfortunately, your man is never going to pass. The scheme is intended to 'weed out' those who cannot understand basic H&S training and the requirements on site, of which there have been far too many in the past. At some stage, if this is the problem, it will have to be recognised that the man does not possess the necessary to do the job. Interesting thought - and not implying anything in the case at issue - is low IQ covered by the DDA? Anyone read the book 'Incompetnce' (sic) by Rob Grant? Steve

Posted By Kieran J Duignan From legal and managerial perspectives, clarity about language helps to reduce misunderstanding in the area of 'discrimination' (and diversity) management. What is outlawed is 'unfair' discrimination, direct and indirect. Fair discrimination is based on legitimate differences in relation to tasks to be performed at work, including the task of safeguarding oneself and others. Evidence that an individual is incapable of the reasoning required to recognise hazards and control the risks they pose provides a prima facie basis for fair discrimination. With regard to 'low IQ', the case for careful use of language equally applies. Well-designed measures of intelligence, e.g. Wechsler's Adult Scale, can place an individual on a percentile scale on any or all of 14 measures of intelligence; the scales have been normed with relatively large populations over several decades. The cut-off point(s) for the 'low' category depend on the tasks to be performed. 'Learning difficulties', 'dyslexic' and similar conditions require compliance in terms of the DDA; use of measures such as Wechsler can help but they highlight the need for careful exercise of judgment and don't replace it.