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paul-ps  
#1 Posted : 07 November 2012 14:54:44(UTC)
Rank: Forum user
paul-ps

Your urgent advice please. We have an employee who has been off sick for a number of weeks & upon return to work has presented a Doctors note, basically stating that due to a shoulder concern, he is not fit for the job he is employed to do. When questioned, he stated that it was not a work related injury, then hinted strongly that it was & mentioned that his Doctors opinion was one of RSI. I am trying to find him another suitable role/light duties, as he has over ten years experience with the company, however, at the present time this may be very difficult as multi-site redundancies are possible in the next few weeks & many of the existing roles require a higher shoulder burden than he currently is exposed to. He at present, continues to do the job that aggravates his concern & has even done two hours overtime, stating that he needs the money - which I can understand, but it wont help in managing the concern. He has exhausted his entitlement to full sick pay & "Needs" to return to work. What would your suggested actions be?
Safety Smurf  
#2 Posted : 07 November 2012 15:03:00(UTC)
Rank: Super forum user
Safety Smurf

Hi Paul, What is it this person currently does?
NickRoarty  
#3 Posted : 07 November 2012 15:03:34(UTC)
Rank: Forum user
NickRoarty

It's a HR issue. Refer it to HR and let them deal with it
paul-ps  
#4 Posted : 07 November 2012 15:15:25(UTC)
Rank: Forum user
paul-ps

The operative currently uses a bench mounted de-burrring wheel, working on small & light hand held steel parts.
Neil Budworth  
#5 Posted : 07 November 2012 16:04:44(UTC)
Rank: New forum user
Neil Budworth

Hi Paul, I suggest that you contact a local Occupational Health provider to get an assessment of what the individual is capable of doing / seeing what the other options are. They may well be able to cope with most of the role and it might only be parts that they can't do. Also check out the OH toolkit on this site as it has a special section on managing this type of injury. Best Regards Neil
creative2  
#6 Posted : 07 November 2012 20:56:12(UTC)
Rank: Forum user
creative2

Paul, I agree with Neil this needs a definitive response from an Occupational health provider which will give you a sound footing from which to proceed. I am surprised the doctor said that unless he has spoken with yourselves as to what the role entails otherwise he is only getting one side of the story. My experience is that they are very reluctant to make that sort of judgement. Andy
mejacklin  
#7 Posted : 09 November 2012 13:11:09(UTC)
Rank: Forum user
mejacklin

Paul, Agree he needs an Occupational Health assessment. The diagnosis of "RSI" is often wrong. Mark Passing occupational health doctor
KieranD  
#8 Posted : 09 November 2012 18:05:07(UTC)
Rank: Super forum user
KieranD

In response to your question: What would your suggested actions be? 1. Let a safety ergonomist (i.e. CMIOSH who is also MIEHF) have a copy of the doctor's opinion and ask him/her to identify specific ways in which the role and work situation of the vulnerable employee may be adjusted to reduce risks 'in so far as reasonably practicable' 2. In the event that the employee remains at risk, ask your HR (or an independent member of the CIPD if you don't have a HR colleague) whether there is a situation in which the contract of employment becomes 'void', i.e. can't be fulfilled due to lack of capability of the employee. Senior management may then consider negotiating redundancy or termination of contract on medical grounds.
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