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Curious1  
#1 Posted : 20 August 2018 11:10:09(UTC)
Rank: Forum user
Curious1

Hi,

We currently have an operative on long term sick who has been diagnosed with epilepsy. We have been advised by the consultant they can not drive for 12 months and cannot work alone. Due to the nature of our works mostly in secure mental health buildings we are not sure we can make reasonable adjustments to enusre their safety and are worried of putting the burden of responsibility on other members of the team. 

We are due to carry out a risk assessement on the indiviual but this still doesnt look like its going to go in the operatives favour.

Has anyone been in a similar situation?

What adjustments were made?

Did you get taken to employment tribunal? 

Thanks in advance.

Hsquared14  
#2 Posted : 20 August 2018 14:09:18(UTC)
Rank: Super forum user
Hsquared14

I haven't had this exact problem but did have to limit an employee to working at ground level after he fell from a landing running round the plant about 10ft off the ground, he came straight over the handrail and broke his leg while seizing.  The Equality Act says you must make reasonable adjustments and there are some great manuals, handbooks and guides available on-line which will lead you through the entire process.  They address situations where reasonable adjustments aren't possible due to the nature of the work if (big one today as systems not co-operating) I can get to the websites I will send you the links.

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Curious1 on 20/08/2018(UTC)
Hsquared14  
#3 Posted : 20 August 2018 14:15:53(UTC)
Rank: Super forum user
Hsquared14

here are a couple of links that might help

https://www.gov.uk/guidance/equality-act-2010-guidance

https://www.citizensadvice.org.uk/Documents/Advice%20booklets/equlity-act-2010-overview.pdf

thanks 1 user thanked Hsquared14 for this useful post.
Curious1 on 20/08/2018(UTC)
DHM  
#4 Posted : 20 August 2018 14:21:52(UTC)
Rank: Forum user
DHM

PM me with your contact details and I can provide you with a questionnaire that will aid your RA.

Edited by user 20 August 2018 14:23:40(UTC)  | Reason: spelling!

thanks 1 user thanked DHM for this useful post.
Curious1 on 20/08/2018(UTC)
Self and Hasty  
#5 Posted : 20 August 2018 15:52:50(UTC)
Rank: Forum user
Self and Hasty

We had a worker shirking, taking longer and more frequent breaks, when another member of staff complained it was unfair, the employee was consulted where he told us it was because he is diabetic and fatigued from that or needing extra food, breaks, or checking sugar levels etc. and that was his reason for appearing to shirk...

This was the first we had heard of his diagnosis and as such it opened the can of worms that we didn't have any employee medical screening / support for persons with long term illnesses that might affect themselves or others safety.

I've since drawn up an opptional health monitoring survey covering; Epilepsy/blackouts/fits/seizures etc., diabetes, BBD (hepititis, HIV AIDs etc.), Cancer, Heart disease/angina, stroke etc.

But in doing so realised what a minefield even asking employees about their health can be! 

I'm still unsure of how to distribute the optional survey without it being invassive or a breach of anybodies privacy or rights, I'm confident that I've worded everything appropriately and that nobody would take offence to being asked the questions, but equally it only takes one person to be offended...

I did think we could put it out during our annual occupational health visit, though I have since found out that that service is not extended to all staff, just those working in higher risk areas... So I'm back at square one.

Need to ask the staff about their health and medication if it might affect themselves or others safety... but also don't want to be sued for asking!

Watching

nic168  
#6 Posted : 21 August 2018 07:43:22(UTC)
Rank: Super forum user
nic168

 Self and Hasty, I am in a similar posistion to you- we have a problem with Lone workers, as far as I can tell there is no joined up thinking about the task and the fitness of the individual. I don't want to ask  about peoples fitness or health concerns but I do think that there is a need to be aware of any factors that may impact on an individuals health and safety.

Curious, have you seen this ?https://www.tuc.org.uk/sites/default/files/EpilepsyInTheWorkplace.pdf

Nic

RayRapp  
#7 Posted : 21 August 2018 15:40:20(UTC)
Rank: Super forum user
RayRapp

I was once asked to complete a RA for a QS with epilepsy who had to go on site from time to time. There is more than one type. So I discussed this matter with the QS and advised them I would be completing a RA in order to prevent them from coming to any harm.

We agreed they could not work at height unsupervised and to liaise with the site manager before going on site. The important bit is coming to a common understanding about the risks involved and agreeing on appropriate control measures - not just preventing them from carrying out their work for no good reason.   

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