Posted By Raj
I am looking for some guidelines on Health & Safety of handicapped (temporarily or permanently)workers at work.

Looking forward to advice from you all.

Thanks and warm regards

raj

Posted By Kieran J Duignan
To assess hazards to an employee with a disability or disabilities, I'd strongly recommend that you conduct an ergonomic survey along the lines of para. 30 of the ACOP of the Health and Safety at Work Regulations 1999.

The scope should include both physical and mental impairments.

If you would like to talk about the issues arising, you are welcome to phone me on 020 8654 0808

Posted By Ken Taylor
Have you obtained the relevant free literature from the Disability Rights Commission (08457 622 633)(www.drc-gb.org)?

Posted By Annetta Maslen
The assessment of a worker with a disability (permanent or temporary) will of course vary according to the nature of the disability and the workplace/activities being undertaken. You need to ask yourself the basic question: "What harm might come to this person over and above those to a person who is not disabled?!" ie. someone with a visual impairement could come to harm if the furniture were moved around in their absence, whilst to a sighted person this would not present a risk. In all cases you will need to re-assess emergency procedures to make sure that the disabled person could a) be informed of an emergency (i.e. if they were deaf they would need special equipment e.g. vibrating pager) and then b) can they get out safely without assistance?

Good luck.

Posted By Delwynne
Remember whilst looking at the H & S aspects of disability in the work place that it is the H & S part that comes first.
Obviously we must all do everything that we can to allow integration of all members of the community into the workplace without discrimination, but the obligations placed on you by H & S law outweigh the 'discrimination' argument.
There has been a fairly recent legal case regarding this point whereby a company sucessfully proved they had not been discriminatory in sacking a employee who could not wear PPE because of his disability (sorry I cannot remember the details, I'm sure another member of the forum will be able to fill us in). The judge ruled that the HSAWA took precedent over the disability discrimination act. I would guess that it all comes back to our old friend, risk assessment.

Posted By David J.
Hi Raj. Have you considered contacting the employment services? They have dedicated team, who will carry out some assessments, recommend appropriate specialist equipment and in most instances identify funding or at least part funding for the equipment. Depending on the level of disability they may go as far as paying for an additional support worker, as is the case for a blind employee we have.


cheers

Posted By duncan abbott
You might find July's issue of EZ-1 ergonomics, the free ezine, will assist you in understanding your obligations under the DDA and H&S in regards to accommodating disabled workers. It details h&s and disbility, how to make reasonable adjustments, defining disability and types of accommodation, it also details some recent defining cases.

Some key points to consider are:

All disabled workers require a personal risk assesssment to determine what reasonable adjustments need to be made to accommodate them (Companies failing to carry out personal risk assessments are now risking thousands of pounds in claims for constructive dismissal see Meikel vs Notts CC)

But what is a reasonable adjustment? Neither the HSE nor the DRC give examples of acceptable reasonable adjustments!

Tne updated DDA has taken out justification for failing to make a reasonable adjustment and so companies must show that they have take all the steps necessary to accommodate a worker.

When the disability is in conflict with H&S, there are a number of cases that find HSWA to exceed the DDA (see Lane Group PLC and another v Farmiloe.

email me if you would like me to send this to you.

Posted By Ken Taylor
If the employee has reported this to the employer, it is a matter for 'Personnel' to discuss this with the individual and refer them to a doctor. If this route has been taken and there is no certification of illness, it will be a matter for management to discuss this with the individual seeking to identify their perception of the stressors at work and taking any appropriate action. There may well be issues that require attention that have brought the individual to this opinion of their health. Records of interviews and any action taken will be important even if there has been no arising risk assessment.

Posted By Ken Taylor
We have now moved firmly into the expertise of the Personnel/Human Resources Officer, Kieran. My understanding is that, if she is officially certified sick by her doctor, the employer has to pay her until her entitlement runs out, she leaves by agreement or it is determined by her or the employer's doctor that she will be incapable of performing her duties - whereupon alternative work, early retirement or dismissal may follow. These things often seem to be concluded by negotiation but conditions of employment, contracts, pre-agreement for referral to the employer's doctor, etc are all items for consideration in this exercise.