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Posted By Ian Mitchell
All
I would like to undertake Risk Assessments for persons in our business who have, for example, Diabetes or Epilepsy. I have no issue with identifying the risks or control measures. I also understand the potential interaction with other Risk Assessments such as the First Aid Arrangements/ Fire Precautions etc.
What I do want to know though is, apart from the general duty in the Management Regulations, are there any specific regulations that I can cite/ reference to justify these assessments? I want to do them, and they are good practice, but need to justify them from a legal perspective to a hard nosed commercial colleague.
Thanks!
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Posted By Lilian McCartney
Hi Ian,
we do them as an 'extra duty of care' under mgt regs.
Lilian
p.s. I have a form if you wish to see it
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Posted By Toe
Hi Ian,
I cannot think of any direct legislation for you but there is a duty to ensure that arrangements and provisions for first aid measures are in place. This duty extend to the treatment for the purpose of preserving life and minimising the consequences of injury or illness. Therefore assessing the risks to people/groups of people especially at risk (Diabetes/Epilepsy) becomes an implied duty under the Health and Safety (First Aid) Regulations 1981.
Just be carefull with your control measures as first aiders should technically not administer certian drugs, although there are certian specific requirements on EpiPens.
Hope this helps.
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Posted By martinw
Ian
be aware that once the person has disclosed their epilepsy to you have have to consider the disability discrimination act also - reasonable adjustments. Have a look at
http://www.epilepsy.org....info/whatisepilepsy.html
for other considerations(which I have no doubt you have considered) such as driving, where if the person driving is epileptic and has had a siezure, failure to inform the correct agency is a criminal offence. Once not informed by the person with epilepsy, anyone may inform the driving agency(DVLA), therefore you may need a reporting policy sub-section referred to in your RA. Your current policy, if it considers losing your licence an act which can cause you to lose your role(some do) could then be seen to be contraving (again) the DDA.
Martin
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Posted By martinw
Just read another thread.
Consider photosensitive epilepsy if you have flashing lights in and around your business.
Thanks Toe
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Posted By Barrie (Badger) Etter
Apologies to Ian for hijacking his blog.
Lillian may I have a look at your form please to see if I need to add anything extra to our epilepsy assessment.
Thanks
Badger
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