Rank: Forum user 
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Hi all,
Bit of advice on this one please folks. I recently completed a DSE assessment review for an individual that found the chair he was sitting on to be uncomfortable. During the course of the assessment it turns out that he has an internal abnormal growth of fat cells on the underside of his leg which pulls on muscle and nerves. The job requires him to sit for long periods of time over a 12 hour shift hence we have provided operators chairs (which meets all the requirements (and more) of Schedule 3 of the DSE Regs.) to that section of workforce to the tune of approx. £800/chair. However he finds that the seat design irritates this point on the underside of his leg which requires him to take anti-inflammatories prescribed by his doctor for the duration of his 4 day shift. Approx. 1 day into his 4 days off he is able to come off the medication as the irritation subsides.
He has tried a chair with a softer seat (albeit not an operator’s chair) to no avail and after the first assessment I procured him a pressure relief cushion for the operator’s chair – again to no avail.
His Doctor has told him that unless the growth gets larger or pain more acute the anti-inflammatory are the best way to manage the pain as surgery could lead to further tissue related complications.
I have now recommended that he tries a fairly standard office (still meets Schedule 3 of DSE regs) which has a softer seat pan – these are readily available in our office for him to trial.
I am at the minute torn between recommending he re-visits his GP to address what is essentially a non-occupational related issue or referring him to occupational health for further assessment, however I'm questioning whether this is this really an occupational health issue?
So my question is ….To what extent do the company have a duty to address such an issue and if any duty is applicable has enough been done, if he deems the softer office chair be unsuitable, to reasonably discharge it?
Many thanks in advance..
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Rank: Forum user
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It may pay to refer him to the physiotherapists for an assessement.
I've encountered a similar problem in the past relating to pain just above the knee joint & pelvic alignment. The physio department recommended a type of "kneeling chair" as this help to realign the pelvis and reduce the pressure to the back of the knee.
There are various forms of kneeling chair that are compliant with the requirements of the DSE Regs and i dont believe that they are unreasonably priced.
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Rank: Super forum user
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harpa
This is a recurring thread on this site but I am lead to believe that the search facilities is not away that useful. There appears to be a common misconception that a one size char fit all. For most of us this is true, but for some individuals due to body shape, size, back injuries etc this is not the case. I would recommend that you consult an occupational therapist and or ergonomist. It may be that this person needs a specific size of seat pan to reduce the pressure on his leg nerves, or some other seat adjustment.
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Rank: Forum user
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Firstly - Thanks for your responses.
Kenty - unfortunately a kneeling chair is not an option as the job requires use of the foot to engage a a comms pedal (bit like a wah wah pedal for a guitar) and although it is a valid point about a physiotherapist I would argue isn't this something his GP should have done? It just seems that the onus is being placed on us to address non-work related medical conditions that could be and should be dealt with by the employee's own GP. My concern is where does something like this end? Someone pulls their back at home and struggles with sitting for long periods at their workstation - should the company refer them to physiotherapists or should it be the GP? Someone has bunions on their feet and finds the boots they work in uncomfortable - is it the company's responsibility to refer them to a chiropodists or their GP?
Brian- I agree that it shouldn't be one chair fits all however one could argue that is why we provide a chair with height adjustment, back rests that tilt and can have their height adjusted, arms rests that can be altered, seat pans that tilt. In this particular case we also provide desks that move up and down to suit the height of the operator, screens that are on a arm and knuckle joint to be altered to any position.
My point is where does this stop with a non-work related medical condition that the employees GP seems happy to leave with letting the person in question take over the counter anti-inflammatories to manage?
I have tried pressure relief cushion to no avail and will be trialling another chair with a smaller/softer seat pan within the next week but after that I'm getting to the point of saying we have done what would reasonably expected for non-work related medical condition and it is up to the GP to address on a more long term basis, rather just rely on painkillers. Otherwise I can see the scenario where every minor ailment and niggle becomes a reason for an employee to want a slightly different chair and with over 200 employees that are engaged in sedentary roles it becomes a nightmare to manage.
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Rank: Super forum user 
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Hi Harpa,
Although this is personal medical issue, I would still employ the use of Occupational Health in your organisation, (if you have one). Especially as it sounds like it is affecting his ability so sit and work for a length of time. I undertsand that it is not 'occupational' per se, but still may be more cost effective than lost time.
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Rank: Super forum user
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Harpa
I think that this is moving into the realm of Equality Law and 'reasonable adjustment' for a disability. Note a disability is defined as something that “has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”. So reasonable adjustments apply ie finding a suitable seat etc. I don’t think that you are responsible for arranging any treatment for the condition, that’s down to them and their GP.
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Rank: Forum user
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harpa wrote:Hi all,
Bit of advice on this one please folks. I recently completed a DSE assessment review for an individual that found the chair he was sitting on to be uncomfortable. During the course of the assessment it turns out that he has an internal abnormal growth of fat cells on the underside of his leg which pulls on muscle and nerves. The job requires him to sit for long periods of time over a 12 hour shift hence we have provided operators chairs (which meets all the requirements (and more) of Schedule 3 of the DSE Regs.) to that section of workforce to the tune of approx. £800/chair. However he finds that the seat design irritates this point on the underside of his leg which requires him to take anti-inflammatories prescribed by his doctor for the duration of his 4 day shift. Approx. 1 day into his 4 days off he is able to come off the medication as the irritation subsides.
He has tried a chair with a softer seat (albeit not an operator’s chair) to no avail and after the first assessment I procured him a pressure relief cushion for the operator’s chair – again to no avail.
His Doctor has told him that unless the growth gets larger or pain more acute the anti-inflammatory are the best way to manage the pain as surgery could lead to further tissue related complications.
I have now recommended that he tries a fairly standard office (still meets Schedule 3 of DSE regs) which has a softer seat pan – these are readily available in our office for him to trial.
I am at the minute torn between recommending he re-visits his GP to address what is essentially a non-occupational related issue or referring him to occupational health for further assessment, however I'm questioning whether this is this really an occupational health issue?
So my question is ….To what extent do the company have a duty to address such an issue and if any duty is applicable has enough been done, if he deems the softer office chair be unsuitable, to reasonably discharge it?
Many thanks in advance.. Just do what is reasonably practical. I would send him to Occy Health for their advice and comply with his doctors directions as this is a medical issue after all
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Rank: Forum user
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A Kurdziel quote
'I think that this is moving into the realm of Equality Law and 'reasonable adjustment' for a disability. Note a disability is defined as something that “has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”. So reasonable adjustments apply ie finding a suitable seat etc.'
I would be seriously disappointed if what is essentially a cist on the back of a leg that can be managed by over the counter painkillers falls into the definition of a disability and therefore places this in the realms of equality law. After all how substantial can it be if a couple of anti-inflammatories can alleviate the pain?
However I'm going to trial this 3rd chair if that is not suitable take a decision from there as to the next step.
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Rank: Super forum user
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Harpa
On what basis did you chose this third chair?
I am sorry to disagree with you but all the adjustments you state your current chairs are capable of are of no use if the seat pan is the wrong size as the person will not be able to sit in the chair to get the adjustments to work.
You make it sound as if you have just picked another chair out of a catalogue based on a manufactures description, which I am afraid is just a good way of wasting money. If I was faced with this situation as I and others have said I would be consulting an ergonamist on what this person actually needs
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Rank: Super forum user
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Dear Harpa
If the poor chap can not longer sit down in comfort then perhaps he is no longer fit enough to do his job. Maybe you'll just have to make him an offer?
We are not miracle workers and if the doctors cannot help what can we do? Seems to me a no-win situation here and you are beating your head with a stick to see if it hurts.
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Rank: Forum user
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I have dealt with quite a few issues like this and do find that after a couple of chair trials its best to pay the money for an ergonomist to come in and assess the person. The people we use only charge £75 for a visit as we use them to buy our ergonomic furniture from. You mention a pedal that needs to be used could this be causing the extra pressure and does this person have to sit or can they stand and operate the pedal thereby taking the pressure off the leg for a little while (regular break from sitting?)
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Rank: Super forum user
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Harpa I think you have done as much as you can. Depending on where the cist is (which by the sounds of it is on the upper between the knee and buttock) I don't think you will find any with a seat pan suitable with compromising the requirements of DSE Regs. The only solution I can think off would be using a foot rest to lift up the legs and take some of the weight away and alleviating the pressure, but it may give incorrect posture!
But in answer to your questions, I think you have shown be done what is reasonably practicable. Can you offer alternative work until the problem clears?
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