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If an employee discloses their disability on an application form and they are appointed to that job, it is right to make reasonable adjustments to their work/work place. My questions is with regard to a risk assessment. Am I right in thinking that a risk assessment should be undertaken as soon as they commence their employment and regularly reviewed/monitored and if there is no risk assessment for their tasks, their line manager or whoever is responsible for undertaking the risk assessment should undertake an ra? If the employee is made to undertake duties with no risk assessment being in place but tells their employer they cannot do certain tasks and yet are still made to carryout these tasks and that person has to go off sick which section does the H & S Act come under? I am thinking section 2. Duty of care.
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Rank: Forum user
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I'd say this is more a case for your HR department to follow up with. Although the safety aspect is clearly a massive consideration most of what you have explained would fall under the equality act rather than the HASAWA74. What would I do..... - Assist their manager in carring out a risk assessment on the tasks they carry out and document your findings / recommendations.
- Involve safety reps / unions / the individual in question.
- Involve HR with findings recommendations and if required refer to occupational health for professtional advice on their disability.
I don't think you need to worry about what section it would fall under etc. Take a logical approach and you'll probably find you've done the right thing. The best advice is to involve as many people as possible and take a hollistic approach.
Hope that helps?
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 1 user thanked ryangavin777 for this useful post.
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