Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 04 September 2009 12:50:00(UTC)
Rank: Guest
Admin

Posted By seanie i work for a large government organisation, we have a member of staff who has an un-diagnosed heart problem, he is on beta blockers. he has to walk approx. 20 minutes to get to our building, we have requested a transfer for him to another building which would require no walking at all on medical grounds, but the request was denied, he has had this problem for over a year so therefore i feel he will be covered by the DDA, his own G.P, feels that he is working in the wrong environment, now to my question, could he remove himself from a place of danger until other arrangements could be made? this is backed up with a doctors letter.
Admin  
#2 Posted : 04 September 2009 12:58:00(UTC)
Rank: Guest
Admin

Posted By Stuff4blokes From your description I doubt that the place itself is the danger so you would be "on thin ice" there. Why can this person not use either public or their own private transport? If there is a genuine medical reason why the person cannot get access to their place of work then the matter could be taken up by the Trade Union or HR representative. If it is not the work that is causing or making the problem worse then I do not think that the H&S route will be successful.
Admin  
#3 Posted : 04 September 2009 13:12:00(UTC)
Rank: Guest
Admin

Posted By seanie i am the Branch H&S officer for the union, the building is isolated with very poor transport links. the job role here is very stressful which does not help his condition, again his G.P has stated that because of the buildings location and the stress levels involved in the work that another position in a different working environment would be benefical to the employee
Admin  
#4 Posted : 04 September 2009 13:12:00(UTC)
Rank: Guest
Admin

Posted By David McGuire I would seek what justification was used to deny this transpher? Also, the DDA makes it clear that employers must make reasonable adjustments. Also, defined what and who has a duty of care for the employee walking to work?
Admin  
#5 Posted : 04 September 2009 13:58:00(UTC)
Rank: Guest
Admin

Posted By seanie anybody have any other ideas as to what i can do in this situation?
Admin  
#6 Posted : 04 September 2009 14:03:00(UTC)
Rank: Guest
Admin

Posted By Coshh Assessor Do you have an occ health service?
Admin  
#7 Posted : 04 September 2009 14:06:00(UTC)
Rank: Guest
Admin

Posted By Coshh Assessor And of course, if he were to have a note from his GP saying he wasn't fit to work ...
Admin  
#8 Posted : 04 September 2009 14:08:00(UTC)
Rank: Guest
Admin

Posted By Les Welling Hi If you are a large government organisation you will almost certainly have a H&S department to seek advice from. In addition would he consider using a mobility scooter? Les
Admin  
#9 Posted : 04 September 2009 14:11:00(UTC)
Rank: Guest
Admin

Posted By Les Welling Further to my last. Is the walk on your work premises or a public highway coz don't forget he is "not at work" on his way to work on a public highway coming into work until he is actually on your premises. If you see what I mean.
Admin  
#10 Posted : 04 September 2009 14:13:00(UTC)
Rank: Guest
Admin

Posted By seanie yes we do have a occupational health service, we are waiting for a date for the referral, however in my experience of representing our members at these referrals, the service provided is not very professional and is basically in place to get staff back to work, they do not like making recommendations or giving their honest opinion
Admin  
#11 Posted : 04 September 2009 14:33:00(UTC)
Rank: Guest
Admin

Posted By Coshh Assessor Aiming to get him back to work is as it should be - which should mean recommending whatever changes he needs in the workplace for his health. I would definitely see this as a matter for occ health.
Admin  
#12 Posted : 04 September 2009 14:36:00(UTC)
Rank: Guest
Admin

Posted By seanie the member with the heart condition is not off work at this moment, and as stated earlier our occi health dovtors are against making recommendations or expressing their opinions
Admin  
#13 Posted : 04 September 2009 15:12:00(UTC)
Rank: Guest
Admin

Posted By Les Welling HI. I am still not clear, if this person is walking 20 minutes to the building on your premises. If not it is a matter for the local authority surely? Or he is coming thro' your front gate and then having to walk 20mins? It would make a difference to the help your employer will be able or willing to give. I do understand we do need to look after him but if he is not "at work" I would suggest that your employer would not help much! Les
Admin  
#14 Posted : 04 September 2009 15:16:00(UTC)
Rank: Guest
Admin

Posted By seanie it is a 20 minute walk from the centre of town to the building, i would have thought that as our employer is aware of the building location and its history of poor public transport facilities, that they might take those facts into consideration
Admin  
#15 Posted : 04 September 2009 15:44:00(UTC)
Rank: Guest
Admin

Posted By Coshh Assessor In that case shouldn't he be getting a taxi, or a lift from a colleaugue?
Admin  
#16 Posted : 04 September 2009 16:00:00(UTC)
Rank: Guest
Admin

Posted By water67. "the job is very stressful" "Duty of care" - eliminate, reduce, manage stress. refer to HSE guidance, management of stress documents etc. you can't make such statements in isolation it must be managed. Check case/legal judgements in particular the SW who was awarded substantial damages re employers failure to manage reduce stress levels. Cheers
Admin  
#17 Posted : 04 September 2009 16:50:00(UTC)
Rank: Guest
Admin

Posted By Phil Rose I am still not entirely clear of the situation especially the question "could he remove himself from a place of danger until other arrangements could be made" - and wonder if you could elaborate on what you actually mean by that. As a generality, I would say that it is everybody's responsibility to get themselves to and from work. If the GP does not feel that this person if able to do so then I would have thought that he should write a 'sick note' to that effect, although the issue appears to be getting to work rather than doing work. In saying that Access to Work will provide assistance with taxis to the door step if the person involved meets the criteria. Employers should make reasonable adjustments of course. I am not quite sure why the length of someones walk to work should be a matter for the LA!!!! On the OH side of things, I agree that they can sometimes rather sit on the fence but over the years I have found that the 'trick' with dealing with OH often lies with what questions the employer asks of them and how they ask them. The doctor HAS to give an opinion - surely?
Admin  
#18 Posted : 04 September 2009 23:54:00(UTC)
Rank: Guest
Admin

Posted By SNS If it's an 'un-diagnosed' heart problem how is it known that it is? Depending on the condition, when it does get diagnosed, a 20 minute walk each way to work may an ideal help towards fitness. Stress of the job is covered above by others but is a consideration which needs to be addressed anyway. Depending which large governmental organisation it is, some have better access to medical advice than others. Order of business: Get the person in front of a qualified doctor to assess the 'heart condition', Get the stress issue dealt with, then address the access to work issue depending on the results of the first 2. Rgds, S
Admin  
#19 Posted : 05 September 2009 19:50:00(UTC)
Rank: Guest
Admin

Posted By Mike Miller Hi Guys Consider this Have a chat with the employee and explain that you are suspending the individual on medical grounds. (called garden leave in local authority terms) Its for their own good and not to worry they are getting paid. Seek permission from employee to contact their GP for a medical risk assessment on the condition and work restrictions/abilities. In the meantime refer him to your own occupational health department (if there is a waiting list go external) Until you get this information you are shooting in the dark.. Also inform equal ops/disability officer and union. Again go external consultants if necessary for protection of both parties. Also they may be able to get them DLA or some other kind of help to keep them employed who knows? Based on the medical assessments, you may need to offer employee a medical redeployment in a more suitable position. If he/she refuses then retire him/her on medical grounds. Their pension then becomes paid in full. Before everyone starts to worry about DDA & ET's Making reasonable adjustment's is fine where they will actually make a difference to the quality of the individual however it is not always possible depending on the nature of the work and organisation and the remaining risk to the employee after the adjustments. What you will have done is all that is reasonable to ensure the safety, health and welfare of the employee. Often organisations and in particular (LA's) are afraid to tackle the problem worrying about the possibility of ET? In the the meantime dithering means that the employee's condition may deteriorate with fatal consequences. Faced with the question 'what did the company do regarding the situation' The answer will be (we discussed it!') Finally does your organisation offer regular health checks for its employees or do they just wait until health problems like this one pop up? Organising a health bus annually will make a huge difference to the employees in terms of feeling valued and may possibly identify individual health problem in good time to do something about it as well as head off at the pass problems like these..... Is the employee registered disabled? Has anyone asked? They may be but sometimes because they feel it will get them fired they keep it quiet! However if they do not disclose then they cannot expect the employer to give consideration under the DDA. They can declare their disability at anytime though and then you must act. Regards
Admin  
#20 Posted : 06 September 2009 09:12:00(UTC)
Rank: Guest
Admin

Posted By Phil Rose Garden leave' is NOT exclusively a Local Authority term and nor is it a tern used to describe suspending someone on medical grounds. It is where someone is sent home to serve their notice, mainly for confidentiality or security reasons and is more often used in the private sector. Please don't lose sight of the fact that the clinical care of the employee is a matter for that persons GP. So the GP should be contacted, with the permission of the employee and IAW the Access to Med Records etc. OH etc are NOT there to provide clinical care. I work for an LA, we don't worry about ETs nor are we afraid to tackle issues such as this we generally have a very good record for doing so. As for retirement on medical grounds, I can't help but feel that we are very much jumping the gun for someone that has been described as having an 'undiagnosed' condition. Depending on the the condition, age and length of service etc then such a retirement may not even be an option. One step at a time!
Admin  
#21 Posted : 07 September 2009 09:45:00(UTC)
Rank: Guest
Admin

Posted By seanie many thanks for all the replies, after due consideration have i decided not to go down the "remove yourself from a position of danger road". it looks like the best route for me to take will be the long drawn out occupational health course, it will probably take 2-3 months to get the appointment and then wait a few weeks for the report. this was my first posting, so thanks for all your advice and help.
Users browsing this topic
Guest (4)
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.