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#1 Posted : 14 February 2006 11:58:00(UTC)
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Posted By Clare Brass I think I know the answer to this one already, but would appreciate some clarification. Is there any way an employee can provide a doctor's note exempting them from wearing PPE (in this case safety boots - because the individual needs specially made footwear). In my opinion, this only highlights that PPE is even more necessary, but can't seem to pick my way through the law to find a definitive answer.
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#2 Posted : 14 February 2006 12:08:00(UTC)
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Posted By Alan Woodage Clare, No, in short, a doctors note does not exempt an employee and nor should the GP be making such a statement. If the current PPE is unsuitable / agravating a condition then you are left with one of 2 options. 1 Change the PPE to an acceptable alternative or custom made items. 2 If the PPE cannot be avoided / engineered out then the employee must be re assigned to other duties or redundancy / pensioned on medical grounds. Really tricky situation but if the condition was present at time of employment and the company has not carried out any health screening there is nothing else to be done. Equally if the condition is as a result of works carried out while in the employ of the company. The other option os to seek another proffesional opinion as to the complaint / effects on the person. Ideally an independant OH service or specialist in the field of the complaint (at the companies cost). Hope this helps.
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#3 Posted : 14 February 2006 12:22:00(UTC)
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Posted By Frank Hallett As Alan says Clare - the answer is definitely NO. Incidentally, no Doctor can exempt someone from wearing/using PPE - they can only advise that the provided model is medically not satisfactory because "-----". If the employer will not provide PPE that can be properly adjusted to fit the wearer, they must either do as Alan suggests or pay the extra to get the PPE right. See also this same topic addressed extensively not that many weeks ago. Frank Hallett
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#4 Posted : 14 February 2006 14:58:00(UTC)
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Posted By lewes What about this: If someone has part or all of an artificial leg and they insist that safety shoes offer little or no support. Can they refuse to wear them? Personally I would say that they have to wear at least one safety shoe on the good leg. Any thoughts ?
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#5 Posted : 14 February 2006 15:28:00(UTC)
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Posted By JAI check out Paris vs Stepney Borough Council (1951)AC 367 The duty of care and the standard of care owed to vulnerable persons it's all there Jai
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#6 Posted : 14 February 2006 15:48:00(UTC)
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Posted By A Olsen Has anyone come across a reasonable solution to someone who cannot wear a hard hat? I have two employees who suffer scalp problems whenever they wear one. I've tried different types of hard hats, plastic v. leather harness, vented shell, absorbent liners etc. to no avail. Interestingly both are...'follically challenged'. Only solution appears to be keeping them out of the areas where they are required.
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#7 Posted : 14 February 2006 17:31:00(UTC)
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Posted By Descarte I think the artificial leg issue would still require safety boots, but not necessarilty for toe protection as they can offer anti static, anti slip protection too. On an extra note I know that a percentage of us cannot use ear plugs as our ear canals are too narrow. Found this out as we fitted a few hundred people with personnaly moulded ear plugs, the company who were brilliant stated that they would not be suitable and suggested alternatives.
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