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#1 Posted : 27 June 2005 15:02:00(UTC)
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Posted By Clare Brass
We have recently brought in bump caps as compulsory PPE (thanks to everyone who got back to me on the enforcement issue - very inspiring!!) - the story unfolds . . .

One of our staff brought a letter from his doctor asking to be made exempt from wearing the bump cap as (and I quote) 'it causes his forehead to sweat.

The manager asked the individual to provide more information from the doctor, who supplied a 2nd letter, saying that the individual suffers from 'scalp irritation' and end the letter 'I would be grateful if he could be excluded from wearing it [the hat].

The letters seem genuine, although the doctor doesn't seem to have a clue what to do.

My question is this? Can a doctor medically exclude an individual from wearing PPE. If he is exempt, we are worried this might cause a domino effect, and our PPE plans fall flat

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#2 Posted : 27 June 2005 15:09:00(UTC)
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Posted By Peter Walsh
Hmm not an easy one. Perhaps a phone call to Employment Medical Advisory Service could help to get their view on this?
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#3 Posted : 27 June 2005 15:21:00(UTC)
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Posted By John Webster
Have you tried different makes/models on your staff so that they have some "ownership" of the type chosen?

If you can't find a more ventilated/better sweatband model, then your worker may be a candidate for relocation to an area/task where head protection is not required.

If your risk assessment says the PPE is needed, then you cannot just exempt somebody. That's tantamount to saying everyone else is at risk from head injury, but he is not!

You should consult an Occupational Health Physician, as the GP does not state that he should not wear the protection, nor the consequences of continued wearing, merely that he would be grateful if his patient were exempted!
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#4 Posted : 27 June 2005 15:59:00(UTC)
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Posted By Jim Walker
I've had this sort of issue with shoes too.


If the control identified is PPE (PPE should be only used to control residual risk, in my opinion) and you have decided it is necessary, then no PPE no job. The poor dear will not work up a sweat on the dole.

By all means try to find a solution, but in my experience it is just some awkward ???? trying to make an issue where there isn't one.

Dig your heels in and the problem will clear itself up.

By the way - I have a nice Chamios (spelling?)leather sweat band on my Helmet for the odd occasion I break out in a sweat.




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#5 Posted : 27 June 2005 16:30:00(UTC)
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Posted By Lilian McCartney
What do your Occ health people think? Get them to check the persons condition.
It could be that this person really does have a skin complaint which affects their scalp e.g. eczema etc. Excessive sweating can aggravate this and it would become extremely uncomfortable and then quite painful.

If you rely on GP reports only, get the employees permission for you to dicsuss this with their doctor and the best remedy. The GP might not be aware of the full facts of why your employee needs to wear the bump cap.

Of course it could be the cynical answer but hopefully, in my naive world, a GP wouldn't let themselves be led down this line (especially as you've went back once already).
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#6 Posted : 27 June 2005 16:30:00(UTC)
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Posted By Ang.
Hi Clare,
I had an employee who had a note from his GP stating he could not wear safety footwear. When I investigated it was the tanning process in the leather which affected his feet. I sourced safety shoes with no tanning process and he was fine and wore the safety shoes. have you thought about a cotton liner?
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#7 Posted : 27 June 2005 20:24:00(UTC)
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Posted By Chris Pope
If a risk assessment is valid and it requires PPE then it has the status of law - under HASWA an employee is under a strict legal obligation to wear it as part of his duty to cooperate with his employer in fulfiling his employers duties Section 7 (b) says it so much more beautifully.

In a recent North Somerset case the dismissal of an employee who had medical reasons for not wearing safety footwear was upheld by a tribunal. The local EHO stood their ground, even though the employer was willing to make an exemption whilst retaining the risk assessment
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#8 Posted : 28 June 2005 16:52:00(UTC)
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Posted By Ron Hunter
Neither of these letters states any medical condition which would preclude the individual wearing the bump cap. You should bear in mind that people can pay doctors for such letters!
Written opinion from your own source of competent health and safety advice should scupper this individual's reluctance to wear a bump cap.
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#9 Posted : 29 June 2005 14:09:00(UTC)
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Posted By garyh
"Suggest" that this person finds a job elsewhere where his "problem" won't arise ie where he doesn't need to wear a helmet.

Assuming that there is a real risk of head injury, I have to ask the question of this Einstein. Would he rather have his head bashed open or "scalp irritated"?
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#10 Posted : 29 June 2005 16:56:00(UTC)
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Posted By James K
I am in agreement with John here. I recently had 2 employees that refused to wear respirators while working in a spray shed. When they were asked to wear the required erspirators I was informed...
" We cant breath in those f'ing things"
"Those f'ing things are hard to wear"
What I did was to bring in some samples from our vendor and let them try various respirators out.
After 2 months I now have a situation whereby they refuse to work without them.
Employee consultation on PPE is not only important but a requirement in law ( Ireland anyway )
Consultation with the employees also gives them a sense of ownership on the issue and this results in employees wearing the equipment.
As John states, let the employee tr out varoius makes/models and if or when he picks one then he has no arguement.
Other than that, move hime to another area.
Jim
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#11 Posted : 29 June 2005 23:40:00(UTC)
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Posted By David P Johnson
Firstly, the doctor (form what you have said) had not diagnosed a medically-well recognised condition, so you should be questioning what the reasons for his exemption are.

If you do go down the exemption route, I would suggest that you follow the advice of the Construction (Head Protection) Regulations. I'm guessing that your not a construction site, but it does provide you a model to follow in the worst case scenario.
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