Posted By Carl West Hello All, could do with some advice from any HAV or employment experts out there..... If a chap has been interviewed for a position as a plater/ welder in an engineering factory who has been diagnosed with HAV to level 2, and has also put a claim in with previous employers, where does the company stand? Although the job he has applies for involves some grinding/ fettling on a daily basis, he says that he hasnt a problem with this and genuinely wants the job. The HAV apparently was the result of working at a company a couple of decades ago Now, the guy wants the job and says that he sees no reason that he shouldnt (equal opportunities and all that), but as a company, you have a duty of care for employees, so if the chap partakes in some grinding regulary, he will get worse HAV..... What would you do, especially if you need platers and the plater needs you(employment)? Anyone had any similar experiences etc? Thanks in advance Carl

Posted By Kieran J Duignan Carl On the basis of the information available, this is one of those tricky instances where there appears to be a potential clash between your responsibility under HaSAWA to both this individual and to your company and your employer's responsibilities under the Disability Discrimination Act. You are very, very strongly advised to make no decision based on the employee's pleading, however you may feel subjectively (for or against). To resolve the dilemma, you need to get a written medical report from a consultant setting out in writing his or her assessment of the plater's fitness to work in the hazards of the environment he should have to work in. This means that your letter of instructions/request to the consultant should be very, very explicit about all of these hazards, day or night, wet or dry, working solo or in a team, at every time of the year.

Posted By The toecap The crux of this is to send the guy to a Occy nurse for further examnination and advice. You should also ask the guy, perhaps, if he has recieved any compo in the past for the fact that he may never use power tools again I would certainly make him complete a self medical questionaire as the least. Just maybe he has other skills to offer other than using power tools

Posted By Pete Longworth If you choose to employ the guy in question, you should do so in the knowledge that you owe him an extra duty of care because of his condition (Paris v Stepney Borough Council). In effect that means that you will have to go that extra mile to ensure that his condition is not worsened by the work he does. Any disclaimers he may or may not sign or any assurances he may give will have no effect on this. If his condition is made worse because of the work he does then your company will be found liable and rightly so.

Posted By Pete Longworth Well that is an HR issue Carl. What you would have to do is make all reasonable adjustments to ensure that the guy in question is kept safe. I guess it would depend on the amount of fettling etc required, the existing controls and what more would need to be done. If you already do what is reasonably practicable, then my view would be that the DDA would be superceded by the potential employee's health and safety concerns but I am by no means an expert on the DDA.

Posted By Jean It is not enough to obtain clearance from an Occupational Health Nurse nor a Consultant, unless they have expert knowledge of HAV. How good would they be as expert witnesses. What matters is the job description. The risk assessments linked to the job description. What the expert Consultant determines almost certainly after seeking reports from his GP etc. Could the job exacerbate his condition? If he was deemed to be suitable for shortlisting, and came through the interview well, is there anything about the job that could be amended to assist him in undertaking the role. I worked in one organisation, applicant had history of being attacked. BAdly scarred. Occupational Health Consultant stated not suitable for working within Call Centre. Too traumatic. It cost the organisation £10.000. she ended up in post, no problems whatsoever. He didn't do his homework. I hate to say it, but as a law student unless you are prepared to undertake the above, he needs to get himself a good DDA solicitor. However, I'm sure Carl you are going to consider the above advice, in the interests of your organisation. While it is easy to refer to case law, it's amazing how much case law doesn't apply to the cases you think it would apply to. All the best Jean