Posted By P. Moore
Dear All

I have been asked to undertake a risk assessment on someone who has suffered a heart attack and stroke over a year ago and now wishes to return to work. The person suffers from limited movement down one side affected both arm and leg.

This assessment is in the context of deciding whether the person is fit to return to work.

Medical professions have been involved and suggest that the person is not fit to return in the managerial role which they previously held. owing to both the physicality of the job in terms of undertaking site visits and coping with potentially stressful managerial work. However, the individual has hinted that it may be considered disability discrimination if they are not reinstated with 'reasonable adjustments'.

Can anyone give me any advise or direct me to sources of guidance on undertaking such assessments?

Posted By Kieran J Duignan
Hello P Moore

You're in a 'Bermuda triangle' or 'swamp' unless you get your ducks in a row.

Start with BOTH medical data on what the medics state are 'contra indicators' i.e. danger zones (often v. generally stated)
AND with competency assessment i.e. profile of what the chap is capable of.

From there, you find descriptions of jobs existing or potential in your setup, and see if you can negotiate a match.

Call for the help of an occupational psychologist and/or ergonomist if you're getting lost - justify the expense by warning your management that the penalties for unjustified discrimination multiply the fees you'd pay.

Posted By Phillip
There is a government disabilty website easily googled. I have found their telephone helpline very useful.

Posted By Liesel
Maybe you also could contact the Stroke Association?

Also bear in mind, if the employee was in a specialist Stroke Unit s/he will have been assessed and assisted by a team including OT specialists. Part of their job is to assist the person in re-learning or adapting to their former "normal" life. Also remember that recovery from stroke goes on for 6 months to 2 years so over time the person will often become more capable that at the time of discharge.

I have to say, this is all a bit close to the bone- my father has just had a stroke and I've been in discussions over the past couple of weeks with the rehab team looking after him to look at making sure stuff he will need to do for his previous occupation (in particular using PC and Telephone and speaking well) is included in his OT prog from the start. Again, rehab can often go on for a while following discharge from hospital, so working with the rehab/OT team at an early stage may prove helpful to both the employee and yourselves.

Another aspect you may need to consider if the role required it before is driving- you are not permitted to drive for a month following a stroke when the consultant will do an assessment- at which point the person may need to have specialist assessment as to whether or not they can drive and if so with what adaptations (if any)- visual field defects are common in strokes hence the often-needed re-assessment at a specialist centre. Info about this is available from DVLA website.

I would suggest treating this as same situation as disability- particularly as stroke is the leading cause of disability in older people and the residual losses from a stroke may well be end up being defined as a "disability" under DDA.

Finally, and most impotantly, as others have said- involve the person and don't jump to conclusions from what you see initially.

Posted By Brian Welch
I've had to do a couple of these medically restricted risk assessments. My approach has been to take a normal risk assessment for the activities concerns and fit the individual to the revised assessment. In one instance this resulted in reasonable adjustments under the DDA regs being considered unreasonable. After consultation with Management, Medi-centre, HR, unions etc no suitable post could be offered and it went to ET where I believe it was settled out of court.

A H&S officer’s job can sometimes not be easy or pleasant…