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#1 Posted : 20 February 2008 11:40:00(UTC)
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Posted By Andrew M
Have just had a report from OH that one of our CNC employees will no longer be able to lift aload of more than 5 kilos. There are unlikely to be any jobs in the plant that employee can do. We already have a large hospital ward of people on light duties.

Personally I am not impressed with the OH report - it would appear that they are just covering their backs.

It appears they want an employee specific manual handling risk assessmenr for each task!

Has anyone had experience of this before and could i get some guidance?

Thanks in advance
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#2 Posted : 20 February 2008 12:00:00(UTC)
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Posted By Mitch
I would start by assessing all tasks (no lengthy reports just a walk round, select the "worst case scenarios 1-3, detailed assessment and apply results. Any queries get out the chequebook and call in the experts
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#3 Posted : 20 February 2008 12:05:00(UTC)
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Posted By Paul Leadbetter
Andrew

Since you already have 'a large hospital ward of people on light duties', it would appear that you do need individual manual handling risk assessments. Since we are all different, I have always considered MH assessments to be individual anyway.

Paul
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#4 Posted : 20 February 2008 12:09:00(UTC)
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Posted By Andrew M
Done that already. We are getting a crane in to lift 48kg 2 man lift which is done once an hour. This our worst case by far.
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#5 Posted : 20 February 2008 12:40:00(UTC)
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Posted By Andrew M
I know we have man handling issues. My problem is with the limitation of 5kg. There's very little that a person could do in a Man Eng environment that would fit into that category.

My question is where do you draw the line - in response to being fit for work? without being ageist and our work force has has significantly reduced longevity.

Reduced capability is a natural part of the aging process. Are we supposed to do manual handling assessments for octogenarians?

I know i'm coming off as a bit right wing but our employees are well looked after - manual handling has been an issue but it starting to come under control.

Whatever happened to sa far as is reasonably practicable?

What happens when they say no more than 1Kg?
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#6 Posted : 20 February 2008 12:55:00(UTC)
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Posted By Mitch
Andrew,

I agree that 5Kg under normal circumstance should not be a problem though 5Kg could be a problem depending upon reach, ergonomics etc. I think a sit down with OH could help, if not as I said before the cost benefits could would justify the services of a profession OH practitioner particularly if the "aged" workforce could be a significantly influencing factor.
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#7 Posted : 20 February 2008 13:00:00(UTC)
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Posted By Ron Hunter
Andrew, you have my sympathy on this one. You have already got out your cheque book and engaged an expert - the Occupational Health Provider.
I can only suggest a constructive dialogue with the OH people, challenging the basis for their conclusion. Why 5kg? Why not 10kg? Is that 5kg close to the body or at arms length? Occasional or repetitive?

If further expert opinion is required then all parties should be honest enough to say so.
The old chestnut "You'll have to do a Risk Assessment" really gets my goat!
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#8 Posted : 20 February 2008 13:01:00(UTC)
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Posted By anon1234
If the professional OH advice is that the person can't lift 5kg, and in order to do the job they must be capable of this - then you can't employ this person in that activity. If no other suitable work exists then you have an obligation to the employ to protect them by removing them from the workforce (not a decision to be taken lightly and without full consideration of the options and by following due process). It might be worth having a more detailled discussion with the OH team on the advice they are giving, as it may be a 'backside covering' (that was polite for me!) exercise.
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#9 Posted : 20 February 2008 13:18:00(UTC)
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Posted By Andrew M
Thanks guys.

Will sit down with OH provider and try and find a more amcable solution - if that doesn't work may ask to audit OH providers competencies.
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#10 Posted : 20 February 2008 13:19:00(UTC)
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Posted By Darren (Daz) Fraser
Andrew

Agree with all others comments, but would like to ask the following question and then explain why.

Has the OH professional actually been on site and seen what is required?

The reason I ask is, that when I joined we had, and still do have, an external OH provider, who visited the sites but only saw the reception and the office, did not actually know what our processes involved, they do now, and this has allowed them to be able to advise us better, and consequently allow us to accommodate the very few employees that we have on light duties.
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#11 Posted : 20 February 2008 13:39:00(UTC)
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Posted By Andrew M
Darren,

Yes and no. The original OH person had not. But they had an accident (ironic? - not on my site though!) and the OH provider gave us interim cover and I took them to see the main tasks. They then recommended the limit.

Their could be an issue with continuity and
But you're right there are issues with the OH not understanding the nature of the work we do.

Which is why I would prefer a permanent OH on site 5 days but cash constraints.....
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#12 Posted : 20 February 2008 19:33:00(UTC)
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Posted By Alan Nicholls
Hi Andrew

You state WE already have a large hospital ward of people on light duties!!

This poses the question, if you have assessed task etc etc what happened to the instruction and training. Sounds to me like an ergonomic as well as a manual handling problem. (Old habits die hard)

I wonder:How many of your operators have pre existing ailments, how long have they worked with poor practices etc.

Did you inherit this situation or has it crept up unnoticed.

Regards Alan N
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#13 Posted : 21 February 2008 15:27:00(UTC)
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Posted By J Ridley
Hi Andrew
I hope I can muddy the waters further so I will apologise now and get it over with.

First of all there is no such thing as a weight 'limit' in the Manual Handling Regs as the load has to be assessed in relation to the individual, the task and the working environment.

I suspect that your OH guys may have got the 5kg recommendation from Appendix 3 in the Guidance to the Reg's. If they did, then this is only an indicator as to whether a detailed MH risk assessment has to be done or not and is not a 'limit' as such. The answer to your question as to whether a risk assessment has to be done for every task is no, but only if they fall ouside the boundaries set in the filter i.e. where 'hazardous' MH exists.

In essence manual handling only includes the "transporting or supporting of a load in a static posture". Human effort other than that used for the transporting or supporting a load is, according to the reg's, not manual handing.

Where it is MH, then generic assessments are perfectly acceptable as long as the task, load, environment have been considered and you have employed reasonably fit employees i.e. the risks are common. If there is reason to believe an individual is suffering from ill-health/injury i.e. an individual informs you that he is suffering a health condition, you will have to take this into account for that individual e.g. light duties.

Now for the killer... we have just had a judgement against us where the Judge stated that moving a load by human effort, irrespective of its weight, then the employer is liable for any injury as a result e.g. opening a door and pulling a muscle. In my opinion, this goes against the intent behind the Reg's and inevitably has an impact on the H&S profession when we provide advice to guys like yourself. Now I just don't know what to advise and sometimes this just ain't our fault.

I hope this helps, but probably not eh?

Cheers
John




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#14 Posted : 21 February 2008 15:51:00(UTC)
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Posted By Andrew M
Alan, unfortunately I have inherited this. So I have a lot of work to do.

As for muddying waters - it certainly has.
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#15 Posted : 21 February 2008 15:52:00(UTC)
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Posted By David Whaley
John,

I am surprised by the judgement, is it possible to obtain a copy of the full judgement via the case no.? Was this Civil claim? If so the criteria is different from a criminal case and there is always sympathy for an injured person. But it does beg the question of how it is possible to defend against this type of case.

David
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#16 Posted : 21 February 2008 16:16:00(UTC)
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Posted By J Ridley
The incident was injury as a result of pulling a door closed on a vehicle. I haven't got the documentation to hand but I understand that it was a claim for damages for a breach of statutory duty under PUWER, this was unsuccesful so they changed to a breach of MHR. We claimed it didn't fall under MHR as it wasn't transporting or supporting a load. We lost.
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#17 Posted : 21 February 2008 17:04:00(UTC)
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Posted By Kieran J Duignan
John offers a revealing illustration of the very elusive nature of these problems.

I also learned a hard way as an expert witness (safety ergonomist and psychologist) when twice the same legal firm saw how cases were unfolding and, on behalf of their clients, conceded liability and challenged the claimant to 'prove' causation. This puts the argument into complex areas where rheumatologists and orthopaedic surgeons make different assessments.

Having had opportunities to carefully study loads (literally) of evidence about these issues, I concluded that the most cost-effective and fruitful way of using available resources for most employers is to invest in improving the culture of safety and in training all employees and managers to use the most up-to-date behavioural observation and feedback methods.

I believe that the payoff is that such training can be dovetailed with performance management training increasingly used in HR so that the critical skills are not costed solely as H & S overhead.
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#18 Posted : 22 February 2008 10:42:00(UTC)
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Posted By water67.
Hi agree with ridley..seems to me this OH has picked out the 5kg from the guidance to the regs and has thus not really fully considered task, job, person etc. in the assessment. i would def get back to them and have further discussion. Of course we all agree manual handling is a last resort. But often, many tasks can not be carried out using mechanical aids. Agree too that this person may be more interested in covering their back (no pun intended) than giving you a reasonable evaluation and thus service for your money.

Cheers
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