Rank: Forum user
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Morning all
I'm needing some quick advice / case study on the following issue:
Employee has injuried her back (out of work, therefore nothing to do with work). She has come back to work and undertaking physio and taking pain killers to ease the condition.
I have therefore got on trial an ergonomic chair to erradicate issues that she has whilst she is working at her workstation, the trail is now up therefore we have to pay for the chair etc.
Usual case, management is saying why have we got to have this when she injured herself outside of work.
Can someone show me where to find something to solid to support my case.
As I've used the usual arguements cost of chair verses time away from work / no support from company (potential claim against the company etc.)
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Rank: Forum user
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Hi Jackson,
I can't think of an example or case study off the top of my head.
I would say though, that we have a duty to allow people to work without causing any existing health condition to worsen due to the work activity, regardless of where the injury/ill health was sustained. This would certainly be identified on a personal risk assessment.
Maybe Managment Regs, Welfare Regs or DDA guidance could give more help...
Sorry this is brief. Hope it helps a little.
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Rank: Guest
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Hi Jackson,
The person has a known problem or injury you have a higher duty of care because of this. Case law if you so wish:
Paris v. Stepney Borough Council (1950): A one eyed garage worker was blinded by a chip of metal. Although it was common practice that goggles were not supplied the council had a special duty of care to Mr Paris and should have provided them.
Hope this helps
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Rank: Super forum user
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Workplace Regs (UK) Regulation 11, L24 para 82:
'Workstations including seating, and access to workstations, should be suitable for any special needs of the individual worker, including workers with disabilities.'
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Rank: Forum user
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You may be able to use the financial argument. If the person ends up going off sick, how much is that going to cost? Sick pay, lost production, hiring an agency worker for short term cover.
Providing a chair that meets their needs may prove to be the cheaper option.
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Rank: Guest
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Jackson
Firstly, you're doing a good job by taking the action needed to educate management about their statutory responsibilties.
Secondly, from the information you have supplied, the 'strong' answer to management's request - which can be seen as a reasonable expression of prudence on their part - is that the employee may well be able to classify herself as 'disabled' and either claim for damages for unfair discrimiantion in accordance witht he DDA - which are on a much, much higher scale - than those for personal injury in relation to the relevant health and safety regulations. If you have a HR professional in the company, enlist his/her support about this as the economic case is very strong and it is in everyone's interest to avoid litigationi - the Equality Commission might well use your case as 'an example' to discourage others from similar failures.
Thirdly, to see whether the DWP will provide some funding under its Access to Work scheme, encourage the employee to apply to them and act as a faciltiator for their enquires. Unless the coalition government has already cut their funding, they are often very supportive to bona fide claimants for furniture and other relevant supports at work.
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Rank: Forum user
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ron hunter wrote:Workplace Regs (UK) Regulation 11, L24 para 82:
'Workstations including seating, and access to workstations, should be suitable for any special needs of the individual worker, including workers with disabilities.'
Like Ron said above, enough said in my eyes.
You shouldn’t need any further justification. Wait and see there attitudes changes when one of them have an out of work accident.(Seen it many a time). Shame it has to come to case studies to get your point across.
Good luck.
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