Rank: New forum user
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Question is would an employee be required to attend occupational health surveillance appointment if they have reported a case of dermatitis to an employer. COSHH assessment for product used which is claimed to have caused the dermatitis does not indicate any residual risk and therefore would not normally fall under health surveillance requirements.
Company wishes to carry out skin surveillance and employee refuses.
Any comments I'm sure would be helpful.
Ali
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Rank: Forum user
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Hey Ali,
FYI, in-case you don’t know. Occupational dermatitis is reportable under RIDDOR…
http://www.legislation.g...995/3163/schedule/3/made
so it’s worth thinking about this.
The upshot is, if an employee fails or refuses to attend you cannot force them.
However, if they are reporting this I do not understand why they wouldn’t want to attend? Fear of job loss perhaps, I dunno.
I would re look at the COSHH items in use and their risk assessments with data sheet info. There may be a mix of items that are causing this?
I would also have a sit down chat with the person and ask the normal questions…
However, as an employer and an employee reports this you will want to rule various things out. More so with RIDDOR. If they refuse to attend to confirm their claim. It’s difficult to say it’s a ‘work exposure’ that’s causing it.
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Rank: Super forum user
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If they do not wish to attend health surveilance can you attend their work place?
If not diagnosed via Health Surveilance, was this diagnosed by their GP? It may be that their GP not in full posession of the acts have labelled it a work related incidence of dermatitis based on annecdotal evidence given by the employee who may have been in possession of all of the facts at the time of diagnosis.
I would not report until you have completed a full investigation.
But let them know, if you cannot investigate and find a cause, how can you prevent sysmptoms from getting worse?
Des
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Rank: Super forum user
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I have had recent experience of a COSHH assessment being incorrect and the materials actually present not being in the written assessment.
Have a look at the manufacturer's DATA sheet and call their helpdesk for further information about the product.
As for the employee refusing medical assistance I suppose you can't force it upon them, it is still a free country?
Record everything that has happened and keep it on file.
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Rank: Super forum user
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It isn't quite as simple as many assume. Firstly the posting states that it is claimed a particular substance is responsible for the skin problem. Who is claiming this (presumably the employee) and on what basis? What type of skin problem are they claiming - irritant contact dermatitis, allergic contact dermatitis or contact urticaria? If so, who made the diagnosis and on what basis? This is essential information if the problem is to be resolved. For example, managing a case of irritant contact dermatitis is quite different from managing a case of allergic contact dermatitis, and combinations of the two are particularly tricky.
Assuming that a particular chemical is the cause is risky. All too often a proper diagnosis reveals that the particular chemical was not the true cause. I even had a case where investigation of occupational latex allergy and anaphylaxis was requested. The investigation revealed that even though the lady was sensitised to latex protein she was not allergic and the anaphylaxis was purely psychosomatic and not occupational!
If the employee is making the claim and then refusing to attend for a proper assessment of the skin condition by a suitably qualified occupational health practitioner then there is little you can do to help them. In such an event they would have a problem in making a claim against the company, particularly since it would appear that there is no medical diagnosis.
With regard to reporting under RIDDOR, this is only required if there is a diagnosis of occupational skin disease by a registered medical practitioner.
Chris
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Rank: New forum user
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Thank you for all replies.
Just to clarify the employee is claiming the dermatitis is work related. GP has not actually diagnosed as occupational dermatitis. So at present we are going down the investigation route. Part of this investigation would be for the employee to attend skin surveillance and OHP appointments.
This at present is the stumbling block.
Ali
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Rank: Super forum user
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Just wondering how GPs get the confidence to state that it's work-related. They know nothing/very little about someone's occupation.
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Rank: Super forum user
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Ali
Has the worker been put off work by his GP? If not, then I would simply say to him that unless he is willing to attend for a skin condition assessment you cannot help him and will simply have to disregard his complaint.
And in response to the last posting, GPs usually don't know much about the skin either. Some time ago the All Party Parliamentary Group on Skin conducted a review and came to the conclusion that in general GPs knowledge of the skin was clearly inadequate. In fact, I heard one eminent dermatologist, giving evidence to the Group, state that: "If you have a skin problem and cannot get to see a dermatologist, don't go to your GP. Go to your vet. They get much more training on skin issues."
Of course, there are some GPs who are knowledgeable about the skin, but they are still few and far between.
Chris
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Rank: Super forum user
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From the information provided, is it not that the employee is looking to make a claim? If that is the case then pass it to the insurers and let them carry out the appropriate assessments under the investigation into the claim...
In the mean time the employee needs to be removed from the exposure pending the results?
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Rank: Super forum user
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Re: Comment No.7 the OP actually stated "GP has not actually diagnosed as occupational dermatitis".
However! it is something I see a lot where GP's will diagnose work related dermatitis and even respiratory sensitisation to chemicals either not present in the workplace or to chemicals which have no link to cuasing such a symptom.
How do GP's get the confidence to do this? Someone once told me that a bad GP will make assumptions and bad diagnosis's blindly and never know that they have been wrong = Blissful ignorance/Arrogance. Good GP's will recognise their limits and refer patients onto a specialist or Occupational Physician.
Des
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Rank: Super forum user
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Des
I have a saying, based on experience, that goes:
"The danger arises . . . . when you don't know that you don't know"
Something that I think we all need to keep in mind.
Chris
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Rank: Super forum user
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I would be cautious at this stage about passing it to the insurance company. I have seen many cases where the insurance company have simply negotiated a figure irrespective of the fact that no proper investigation had been done. In many of these a subsequent investigation showed that it was not an occupational problem.
I recently had a discussion with a company whose insurance company had paid out £50,000 in compensation for a latex allergy claim on the basis of a patch test by an "eminent physician". Firstly, the workplace investigation, as described to me, did not seem to support the claim and secondly, the patch test is not the correct test for latex allergy, for which one would do a prick test, RAST or ELISA. The insurance company had been informed of the these factors but still settled out of court.
Chris
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