Rank: Guest 
|
Posted By martin griffiths
hi i,m hoping u could give me some advice i have work for a company for ten years
about 2 years ago i started having back problems i had physo for 4 months which helped when i went back to work they told me they where going to lift the machines because they are very low i am 6 feet 4 inches this never happened and 2 years on my back has got worse again and i have rsi and carpel tunnel too top it all.i had a letter in my file that states from HR that its not the machine its my height and i have just had a letter telling me now they have no job for me because if they where to lift the macines then smaller people would find it differcult to operate the machine does this sond fair to you if you could give me your opinion it would be much apreciated thanks martin
|
|
|
|
|
|
Rank: Guest
|
Posted By martin gray1
Hi Martin
It sounds to me as though someone is beginning to panic. They should have picked this problem up at an early stage, if as you say you reported it. I strongly recommend you take some good legal advise as you have a lot of employment rights on your side even without the injury side of things.
I hope things take a turn for the better for you soon.
MG
|
|
|
|
|
|
Rank: Guest
|
Posted By Alan Haynes
Totally agree - seek legal advice as soon as possible
|
|
|
|
|
|
Rank: Guest
|
Posted By Lilian McCartney
Hi Martin,
I agree with previous posts.
Ergonomics isn't about fitting the employee to the machine, it's about fitting the machine to the employee.
Get help from EMAS, Trade Union, HSE, solicitor etc.
Good luck
P.S. I think you sound like the majority of us who put up with things. Don't let anyone have you believing its your fault - it's NOT
Lilian
|
|
|
|
|
|
Rank: Guest
|
Posted By Lilian McCartney
Just thoought of someting else. For 'smaller' people could they have had a moveable step or something whcih when you're on shift is taken away etc?
Lilian
|
|
|
|
|
|
Rank: Guest
|
Posted By Kieran J Duignan
Martin
With every sympathy, may I encourage you to ensure that any solicitor you may commission knows how to give appropriate instructions to a safety ergonomist as an expert witness.
Without an independent report by a CMIOSH who is also a registered ergonomist who indicates how the firm is liable and how their actions formed a causal path, you risk adding even greater psychological pain to your physical pain.
The website of the Association of Personal Injury Lawyers (APIL) is a good place to start.
|
|
|
|
|
|
Rank: Guest
|
Posted By martin griffiths
HIi thank you all for your comments i have asked for the works doctor to look at the machines and give an ergonomics assessment and they have said it would cost 250 pounds to do this and the company dont think this is the answer , from my last letter they have told me and quote
i have since asked operators to asses your capability based on this matrix and to see whether there is anything that you could reasonably do given you present situation
based on this information it seems that there are no roles that would be able to reasonably adjusted to prevent you from bending ,
from this i feel i have been singled out will have to wait to see what they will be doing as it has been at the end of the letter
quote
i will seek further advice in this mater and advise you accordingly if it is deemed necessary to take a 2nd opinion
|
|
|
|
|
|
Rank: Guest
|
Posted By Christopher
Martin
Don't worry about having to advice a solicitor as to what actions he should be undertaking. Most practices share their expertise on a case. Contact the Citizens Advice Bureau in your area, they may not be able to tell you who is the best solicitor, but you could ask them which one/two would they use? The solicitor can tell you the options/costs etc.
I personnally would be asking why it took 8 years before you started to have a problem. However, I consider my self an expert when it comes to undertaking workplace investigations. I am very thorough. Unfortunately, I consider that it would be unsafe for me to advice you on this matter. If there is a company health and safety advisor there is nothing stopping you contacting them and asking them to undertake a risk assessment.
Apart from health and safety, there are a great many employment issues to be considered.
You need to have an expert fighting your corner from this moment onwards. You are still at the mitigating risk stage..... you are not out of a job yet
|
|
|
|
|
|
Rank: Guest
|
Posted By AlB
Martin,
Reading your post I would say that the law is firmly on your side.
There is a duty on the employer to ensure the workplace is suitable for your use and will not put your health and your safety at risk. This includes working conditions and posture.
If they say you can not work at their organisation because you are too tall they are discriminating against you.
See the solicitor and take them on.
|
|
|
|
|
|
Rank: Guest
|
Posted By MT
I also agree that the law is firmly on your side.
Ask your employers to dust off their copy of the Provision and Use of Work Equipment Regulations 1998, if they actually have one, and have a look at Regulation 4.
It states:
(2) In selecting work equipment, every employer shall have regard to the working conditions and to the risks to the health and safety of persons which exist in the premises or undertaking in which that work equipment is to be used and any additional risk posed by the use of that work equipment.
The Approved Code of Practice states:
100 - When selecting work equipment, employers should take account of ergonomic risks.
101 - Ergonomic design takes account of the size and shape of the human body and should ensure that the design is compatible with human dimensions. Operating positions, working height, reach distances etc can be adapted to accommodate the intended user. Operation of the equipment should not place undue strain on the user. Operators should not be expected to exert undue force or stretch or reach beyond their normal strength or physical reach limitations to carry out the task.
I'm really angry on your behalf regarding what your employer is doing to you - firstly causing you bodily pain and injury and then trying to wriggle out of their responsibilities as laid out in law and then attempting to terminate your employment.
Please let us know how you get on. I'm sure we'd all be interested to hear what course of action you take and what the outcome is.
|
|
|
|
|
|
Rank: Guest
|
Posted By anon1234
Playing devil's advocate - it may be that making the adjustments to suit your particular issues would place all (or a lot) of the others in the workforce at increased risk. However, without seeing the particular circumstances etc it is impossible to provide any definitive answer on this.
It sounds like your employer's have considered alternative roles but not identified anything suitable - have you suggested any alternative activities to working on the particular machine in question (if not I suggest you look at this), if you have what has been the response?
|
|
|
|
|
|
Rank: Guest
|
Posted By Bryan Nott
I think your employer is in difficulty. 6' 4" is not so tall as to be wholly unusual. If you can show that the working environment is responsible for your condition and you have made complaints then the onus is on them to a great extent to show what they have done to respond. The Provision and Use of Work Equipment Regulations 1998 should assist you.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.