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Posted By Stephen Layzell
I am required to perform a risk assessment on an employee who has only one leg.
Although the matter has been approached in the most sensitive way possible, this employee's response has been (understandably) negative and somewhat obstructive.
This employee has been informed about the legal and moral reasons for this assessment, however fails to understand why we wish to carry out this assessment.
So much for the simple bit. The next problem is how to put the assessment together in the first place. I have never had to do this before, and am at a bit of a loss as to how to put this together in the most diplomatic and tactfull way possible. Does anybody have any experience of this, or examples of what the RA should look like?
If you thought that was difficult - this particular industry works at height and makes frequent use of ladders!
Hope somebody out there can help.............
Steve Layzell
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Posted By Neil Cooper
I would suggest you do a series of task based assessments and identify those few tasks that may not be suitable for a disabled person, physically unfit person or a person with a pre-existing injury. As long as you take a reasonable approach and do not focus on this one person's disabilty you may escape being called to give evidence at a tribunal.
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Posted By Michael Miller
It strikes me that you should probably do a risk assessment based on the post being held by (an employee)Then following the DDA recomendations, make reasonable adjustments for that particular disabled post holder.
Also when making reasonable adjustments remember that it is what the disabled person considers reasonable, Not the employer.
It may be prudent to speak to an O.T. from occ health to guide you on the persons ability. Plus they can deal with it in a more sensitive way.
If you do an assessment on a one legged person your asking for trouble!
Good luck
mike
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Posted By Ken Taylor
You should be doing an assessment on the risks posed to employees by the hazards of the tasks to be performed at work and not one on the person themselves other than any significant risk that the person might present to others. This will, obviously require consultation with the employee and line supervision and take into account evidence from others. I would want to stress to the individual that this is being done for their safety at work and that it's a legal duty. Human resources/personnel officers seem likely to feature in this matter in addition to any relevant medical certification.
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Posted By John Webster
Michael
Although the reasonable adjustments should be what suits the employee, the employer is quite entitled to decide that a required adjustment is unreasonable, eg by virtue of excessive cost, disruption to business activity etc. The onus will be on the employer to demonstrate that all suitable avenues have been explored, and to be able to produce evidence to show that the required adjustments would place an unbearable burden on them.
Judging by the number of queries relating to the DDA now appearing in this forum, I assume it has become common practice for employers to add DDA to the to the remit of the poor old Occ. H&S Adviser, to sit with environment, security.....etc.....etc. Who said this job was dull?
John
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Posted By Marilyn Martin
Did you have pre employment health check? Do you have access to OH help?
Have you contacted the DEA at the JobCentre for advice?
The OH team would be able to help you a great deal in assessing the capability of individuals and their fitness to undertake certain tasks.
You will need to focus on what the person can do safely, without risk to themselves or others. This means breaking down the role and assessing individual tasks associated with their role and job description. It all needs to be quantified in some way. If it is considered that a task/s cannot be done at present, then consider what could be put into place so the person could undertake the work (reasonable adjustments). This is where lateral thinking is sometimes required! You may need to seek further specialist advice in some situations to ensure that you have adequately explored possible adjustments that could be made.
There may be some (or all) tasks which cannot be completed by the individual in a safe manner. Or, his inability may potentially affect the safety of others. If you get to this stage you will need to consider if you can take the person on with them only undertaking a limited part of the role.
If you decide you cannot employ, the situation would rest on if you had done all that was reasonable in terms of assessment and reasonable adjustment. (Justification)Cost can come into this, but you would need to consider that financial help may be available in some circumstances via the Access to Work scheme and similar (JobCentre - DEA).
Hope this is of help. Do be careful to seek further advice if you are not sure of the situation. You don't want to end up a scapegoat for someone else in your organisation if it goes pear shaped!!
Marilyn Martin
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Posted By Tracey Docking
My husband had a below knee amputation over a year ago so may be able to give you the opposite insight. His employer eventually sent him to an external OH doctor stating this was one of the requirements from their insurers. The practical test he gave was very basic and nearly all comments in his report were negative ie can't crawl, work on knees or stand for long periods. He also said that he can't use ladders because his false limb is not seen as third point of contact. My husband's consultant refuted the results of the report and he eventually returned to window cleaning/cradle work but with a different type of cradle he doesn't have to climb into. Expect the disabled person to be defensive or in denial it's a stage they go through. Concentrate on the positive - what he can do - by looking at alternative tasks. Yes OH depts help with advice, as do some councils and an organisation called "Access to Work".
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