Rank: Guest 
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Posted By RCH
Ladies and Gents,
I have been requested to carry out a Risk Assessment on a chap who suffers from Cerebral palsy, this gent have full communication skills and from what i have been informed full understanding skills. He does however suffer (to some degree) from hand paralysis. This gent is currently employed as a cleaner for my firm but no assessment has been completed. Has anyone ever had a similar situation that could help me with my task? Please feel free to email me direct.
Thanks Guys.
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Posted By anon1234
suggest you sit down with this chap and have a sensible discussion about what the job entails and what his limitations are - in my experience this type of conversation is usually very well received and naturally leads to the development of any amendments to the 'standard' risk assessment for the role
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Posted By RCH
I do have a meeting arranged next Monday with this guy. This meeting will hopefully highlight what he feels his limitations are etc for example, due to the problem with his hands he can not wear gloves therfore can not carryout toilet cleans etc. i hope we can both benifit from the meeting.
RCH
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Posted By anon1234
sounds like you are taking the sensible and sensitive approach to this - hope you get some good output
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Posted By Salus
RCH, if you did not have to (be honest) would you employ this person for this position or is it legislation which is the causing this difficult scenario?
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Posted By Pete48
RCH,
Make sure you have a risk assessment for the cleaning activity that you can use as the base. This can be used to work throuhg with the persons and will help identify areas that need further assessment.
Identify personally and confidentially with the person, and or their carer or medical advisor, where reasonable adjustments to the standard are required to keep the person safe as well as others who may be affected. You should consider matters such as supervision levels as well as the physical hazards and remember to include bits like emergencies.
Update the assessment. Ensure person is trained, in a suitable manner, in safe practice as it applies to them. Make sure that other staff are advised/ trained as relevant.
I am sure that my response is not comprehensive but I hope it helps you to get going.
You may be best advised to check with medical advice before concluding your work.
I am certainly not adequately qualified to know the extent and nature of illness or disease as it may affect an individual.
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Posted By Keith Archer.
Just to clarify Cerebral palsy is neither an illness nor a disease?
Definition
Cerebral palsy (CP), or static encephalopathy, is the name for a collection of movement disorders caused by brain damage that occurs before, during, or shortly after birth. A person with CP is often also affected by other conditions caused by brain damage.
Description
The affected muscles of a person with CP may become rigid or excessively loose, or the person may lose control of muscles, or have problems with balance and coordination. A combination of these is also possible. The person may be primarily affected in the legs (paraplegia or diplegia), or in the arm and leg of one side of the body (hemiplegia), or all four limbs may be involved (quadriplegia).
A person with CP may also be affected by a number of other problems, including seizure disorder, visual deficits, hearing problems, mental retardation, learning disabilities, and attention-deficit/hyperactivity disorder. None of these is necessarily part of CP, however, and a person with CP may have no other impairments except for the movement disorder.
What needs to done is as you say discuss with the individual what his capabilities are and make arrangements to ensure that he is working in a safe environment. You may like to ask him if he has a Occ health worker who may wish to be involved to advise on any adjustments that may be required.
Hope this is of use
Keith
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Posted By RCH
Thanks for all responses.
In the response to the question of initially hiring this guy, he had been TUPED over to us some time ago, therefore we have no alternative but to accommodate, plus we don't want to lose him as a worker as he is the most reliable and best worker on the site!!
Thanks again.
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Posted By Edward Shyer
RCH,
As you say this guy was TUPED over to you some time ago? Is there a reason why it is only now that something is to be done? I would have thought that this matter would have been dealt with as a priority. I have provided a small abstract of the case Paris v Stepney Borough Council: (all NEBOSHers will be aware of this)
The probability of such an event was very small, but its consequences were very serious, his employers, knowing of his disability, should have taken extra care to provide goggles for him. The more serious the possible damage, the greater the precautions that should be taken. Stepney Borough Council owed a special duty of care to P and had been negligent in failing to supply him with goggles, even though sufficient equipment was not given to other employees.
So as you can see I would treat this as a matter of urgency as this guy has enough problems with his existing condition and does not need to be exposed to any risks that may make this condition worse.
Sorry if this seems a bit harsh but needs to be said.
Regards
Ted
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Rank: Guest
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Posted By RCH
My understanding is that the guy was TUPED but at the time was off work sick (for separate reasons) therefore it has come to light upon his return (as the previous employer did not submit the full info) that he suffers from CP. However he has been working on site for a few weeks but the Management have recently identified the problem (internal issues that will be dealt with).
RCH.
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Posted By RCH
Assessment now complete, should anyone require a copy for the future please let me know.
We all gotta help each other some how!
RCH.
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Rank: New forum user
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Hi
I have the self same issue and have dealt with CP previously with my 12 years at Remploy, however I would love a copy of the RA you have conducted to compliment my standard one as pointers memory joggers etc. I have a meeting set up with the chap in the coming weeks as he has been employed with us having prior knowledge of his disability, I have not got the full extent of his disability as such because I would much rather focus on his abilities and what he can do based on what he thinks he is capable of, my usual approach is that if a person with any disability states he cannot do a certain task then I take that as read, that way avoiding any legal issues in the future, we are tailoring the work to his needs as part of our reasonable adjustment so I don't envisage any surprises, but as we know all CP cases are very different and the assessment will vary significantly between the people suffering the condition. My assessment when completed will be available also once completed.
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Rank: Super forum user
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some great advice here and I have facilitated such assessments before - my advice is to work as a team [getting HR, production etc. [as the final decision makers] involved as well] as much as U can
However I find that with my extensive experience of TUPE that after the settling-in period generally the T&C's of the TUPE arrangements & TUPE itself is used to get rid of staff so be very aware of that issue and make sure that H&S is not used as the negative tool! -------- I know of cases where employees were disciplined for action undertaken whilst in the employ of the old employer by the new employer with all the repercussions that followed
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