Rank: Forum user
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Morning All,
we have an employee who spent 74 days off work last year in one block from April to June due to Athritis which was causing severe neck and back pain. He has since returned to work and hasn't really mentioned it since.
He is a manual engineer working in a metal fabrication shop, welding, grinding, assembling etc.
He has been to see me recently to say that the work he is currently doing is causing a return of the issues that he had last year and that he is having to take a lot of painkillers to cope with the pain. The work he is doing at the moment is of the same type as he always does but is working on a new design of machine which we are proto typing and admittedly it is a bit more awkward to access some areas.
He is under no real time constraints so can work at his pace and is not pressured to have things done to a deadline, this is the same across the whole workforce really. I have risk assessed the task and came out as low risk, but this is only my qualitative assessment and not based on anything other than my judgement - I am not an ergonomics expert.
The individual has done manual handling training.
My issue is, the machine is as it is and I don't think there is much we can do to make it easy to work on, hence the work at your own pace type ethos - but is this sufficient with someone who has a documented illness. Also would this technically be classed as a disability and would we therefore have to make 'reasonable adjustments', and how far would they have to go?
We could move him to other work, but it really is all very similar stuff.....
Any thoughts appreciated.
thanks.
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Rank: Forum user
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I would send him to your occupational health provider so you know exactly what you are dealing with.
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Rank: Super forum user
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Did your risk assessment include the worker and his medical condition?
Are you aware of any medical treatment he received while away from work for those 74 days?
What is his age?
My wife is 50 and recently diagnosed arthritis in her vertebrae, very very painful and it comes and goes depending on what she does?
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Rank: Super forum user
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There are always some adjustments that can be made even if it is in the way the individual manages the condition...you need a specialist assessment from you OH provider..make sure it is specific to the individual and role..if you need any more give me a shout..
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Rank: Super forum user
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I would err on the side of the Equality Act for this. As he has arthritis he is unlikely to get any better, only deteriorate and it would seem that this is for a duration of longer than a year so it is likely to qualify.
Have you considered any methods to make the item he is working on at a better ergonomic height for him? If he is constantly bending over then this might be a contributory factor and something that could be solved with a scissor lift trolley or table (you don't say how big the item is). Certainly you need to look at reasonable adjustments taking his disability into account. Completing a risk assessment for the task without taking the competence or ability of the operator into account simply is not sufficient.
Additionally, although you discount other work as being "very similar stuff", it is possible that he could work on one part of the job which is at the correct height, does not include any clever contortionism or manual handling and which he could be dedicated to. This would be a "reasonable adjustment". I think it is better to talk to the operator and see what he would suggest. It's his job and his pain and he might very well have a solution that would never even dream of in a million years.
Good luck.
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Rank: New forum user
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Hi , At our site anybody taking painkillers could be in breach of our drug and alcohol policy ( even prescription drugs) ,all have to be declared , if not and a person here has an incident and tested positive for any drugs(even prescription) they face disiplinary.
If your employee is in a lot of pain then he may be on strong painkillers that may impair any judgement .
just my thoughts
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Rank: Forum user
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Hi there, thanks for the replies
the risk assessment wasn't personal and I must admit didn't take account of the medical condition, although as far as I understand any work of this kind could bring the pain on, but would not actually affect the condition as such so if I were to do it again I would probably score it the same.
As far as medical treatment it was tablets to control the arthritis (not sure which ones) and painkillers.
He is in his 50's.
We are a small company and dont have a regular occupational health service, we only do audiometry with a van that comes to site.
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Rank: Forum user
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Hi Steve,
your HR department should have arranged a return to work interview/meeting. I would reckon that would have instigated an Occ Health assessment.
Arthritis varies from person to person but having that amount of time off I would also reckon that it hasn't went away and that your employee would be considered as having a long term illness which will last more than a year. You should do an extra duty of care risk assessment (involving the person and their manager) and make reasonable adjustments. What these are are anyones guess but are particular to the person. As the employee has declared that his medical condition is worsening then the work task - no matter what control he has over it - is obviously too much.
Its then HR as if no reasonable adjustments, which might include another internal job, can't be found it goes down the HR route - I've usually found something that can be done instead as I don't like the idea of medical or capability 'dismissals'.
I hope it works out well
Lilian
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Rank: Forum user
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Hi Lilian,
thanks for the comments.
Most of my working experience has been with multi-nationals with HR departments, procedures etc - however I started this job just before the guy went sick and there was nothing in place, no return to work procedure, no HR department nothing.
Whilst he was off, I wrote a return to work procedure and did document the absence, regular contact etc but we still dont really have the structures in place that you describe. The company is pretty ethical, and certainly would like to do the right thing, its just finding what that is - as I say all the jobs on the shop floor are pretty similar really.
Steve
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Rank: Super forum user
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Steve not sure what level of assessment has been carried out but you really need direct managed intervention..if the individuals medical guidance says one thing and he says another to you he actually may be doing himself more harm than good...
Do you have clear clinical diagnosis that he has 'severe' neck and back pain as a result of RA?...if his consultant says he is fit he may not have told them the full extent of the work he does or the opposite he has told them and the medical advice was to carry on...? Either way it needs to be individual assessment from a professional...I don't think there is much more you can do...
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