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#1 Posted : 21 April 2005 10:52:00(UTC)
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Posted By Delwynne I have been avidly reading the numerous posts over the last few months with regards risk assessment for disabled persons and decided, in my wisdom, that I should undertake this excercise with certain persons within my organisation. Out of professional courtesy (or maybe blind stupidity) I informed the personnel dept of my proposals. I've now been told that to undertake a risk assessment on a specific individual is victimisation and against the human rights act! I strongly believe that in this situation the risk assessment must be tailored to the individual in order to provide them with a safe working environment. Basic principles of ergonomics surely? Does anyone have any idea where I might find some summary disscussions/information around this point so I can go & slap the personnel dept with a wet fish please?
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#2 Posted : 21 April 2005 10:58:00(UTC)
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Posted By J Knight Hi Delwynne, The DDA asks for reasonable adjustments; how is it possible to define reasonable adjustment without taking the needs of the individual into account, and how can we determine the needs of the individial without an assessment? My answer to your personnel people is yes, it is 'discriminatory' in the sense that it is applied only to certain people, but it is not discriminatory in the sense of leading to less favourable treatment, and would not therefore be a breach of employment law. As for human rights, ask them to read the Act; nowhere does it say that we have a human right to not have our particular needs considered, and it applies only to public bodies. Believe me, we have 6 people in our HR department, they are all CIPD and all are happy with the idea of RA based approaches to disability, John
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#3 Posted : 21 April 2005 11:01:00(UTC)
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Posted By Delwynne Thank you! I was actually having nightmares last night about being lobbied by angry human rights protesters - sad but true.
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#4 Posted : 21 April 2005 13:06:00(UTC)
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Posted By Dave Dowan Hi Please follow this link , Excellent source of information, I think you will find you have to carry out a risk assessment http://www.drc-gb.org/ Dave
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#5 Posted : 21 April 2005 13:23:00(UTC)
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Posted By Bev Oh no! According to your HR dept, I've been inadvertently "victimising" people for years!! Every time I've done a manual handling assessment (better take the I out of TILE), a DSE assessment, etc. The poor expectant and new mothers, people returning from long term sick .... in fact every assessment ever done! I've even stooped so low as to enquire whether people were properly competent and fit to operate machinery and work in hazardous environments. I must have trampled on every human right. Can't believe no one's sued me. I've been so heartless - whatever was I thinking???
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#6 Posted : 21 April 2005 17:37:00(UTC)
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Posted By Kieran J Duignan As a Fellow of the CIPD I'm frequently appalled by the sheer legal illiteracy of some H R folk. As a registered member of the Ergonomics Society, I applaud your awareness of the potential contribution of ergonomics to adapting the physical and cognitive environments of people with disabilities. Regretably, ergonomic science is just a black hole as far as the CIPD is concerned. As the DDA is increasingly subtle, do read the guidelines on the DRC website and advise your HR colleagues to do likewise (reminding them of the 2005 update of the DDA).
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#7 Posted : 22 April 2005 12:10:00(UTC)
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Posted By Neil Pearson Just to add to what's already been said, it's simply accepted good practice to produce a "personal emergency evacuation plan" for disabled people. A risk assessment isn't something you do ON someone, it's something you do FOR someone!
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#8 Posted : 22 April 2005 13:28:00(UTC)
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Posted By J Knight Just to add emphasis to Neil's point; you always have to work with the disabled person, and be prepared to accept their views of what constitutes a reasonable adjustment! At the Met Branch IOSH seminar about DDA vs H&S, one of the speakers told us a story about a company which recruited a senior HR person who was a wheelchair user. After the interview they realised that she wouldn't be able to reach the lift buttons, so they refurbished the lifts, fitting new buttons. The new recruit turned up on her first day, and on being told about the refurbishment said, Oh' I won't be needing this then'. 'This' was an 18 inch piece of dowelling with a pencil rubber stuck on the end; her reasonable adjustment for using a lift! Probably (sadly) not a true story, but it does illustrate rather beautifully Neil's point that we should be doing an assessment with somebody, rather than for them, John
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#9 Posted : 22 April 2005 13:58:00(UTC)
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Posted By jackw. Hi, I work for a very large organisation. I ran this past HR. they are still laughing!!! "I have never heard such nonsense in my life" was one quote. For that matter neither have I. Even if we put aside H&S legislation, common Law Duty of care etc.. Half an ounce of common sense tells you that a non-ambulant person will need assistance, a plan of action etc. to get them out of a building in an emergency. Even if that was as primitive as"get him over yer shoulder big man and lets get to he.l out of here". Worrying thing or sad thing is that HR at the same level get paid a lot more than H&S staff grrrrrrrrrrrrrrrrrrr
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#10 Posted : 23 April 2005 23:34:00(UTC)
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Posted By Ken Taylor I wonder whether your HR people have got the idea that you are planning to consider the disabled person as a risk in the workplace that needs to be assessed rather than assessing the risks to the disabled person. A good example of the need for personal risk assessment arises with pregnant workers and nursing mothers for whom there is now a duty to assess workplace risks relating to their condition. What do your HR people do with that one?
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#11 Posted : 25 April 2005 13:53:00(UTC)
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Posted By Delwynne Thank you all for your comments & support. I have a meeting with aforementioned HR dept tommorrow. I'm now armed with some useful ref. material (and a big wet fish!). If they come out with any more gems I'll be sure to let you all know :)
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#12 Posted : 28 April 2005 12:40:00(UTC)
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Posted By duncan abbott You cannot make reasonable adjustments for disabled workers, unless you carry out a personal risk assessment. If you know of a person's disability but fail to make reasonable adjustments then you will be in breach of the DDA legislation. Sounds like your Personnel need to go on a disability awareness program. Or perhaps sugget they look at some of the compensaiton payments companies such as JWT face. Glad to hear you are using ergonomics as the basis of your assessments. For your interest an article of mine is in April's issue of Health and Safeyt at Work 'Undertaking personal risk assessments for disabled workers. Duncan ergonomist www.enricosmog.com
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