Posted By Crim Please consider the following: DSE assessment carried out some years ago with recommendations for improvement, i.e. new desk with PC set up as per DSE Regs. Recommendations still not put in place despite continual reminders from the User, The User involved in the assessment has RSI from a previous workplace and is in receipt of DLA benefit, and is now finding the condition worsens when using the equipment (PC etc.), the current employer was and still is aware of the previous condition. The User has been off work for 2 weeks with a medical certificate provided by her GP but the employer decided to log the time off as Special Leave. The user is now back in work but there is no change in the position and not much progress forecast. Questions: 1/ How should the time off be reported/recorded, is it a 3 day workplace injury or an Industrial Disease i.e. a musculoskeletal disorder. 2/ Is the employer guilty of negligence. 3/ How best to take the issue further bearing in mind that the user would just like to attend work and do her job without incurring any pain or suffering, and is not interested in claiming compensation, however there is a chance she may lose her job if she takes much more time off work and is unable to work at the workstation as it is now. The employer is a large government agency and there are trade union safety reps who will be getting involved with this problem. Any thoughts will be appreciated.

Posted By Ron Young As RSI is not a recognised illness, it isn't reportable. There are certain "ULD's" that are reportable under certain conditions, they are stated in the guide to RIDDOR. However, with a known previous condition and the employers intransigence to make reasonable adjustment even after it was recommended by competent? assessment, I'd say the employer was skating on thin ice and is open to a potential claim. Get the health and safety manager/officer and the union involved ASAP.

Posted By Maj Having just dealt with a similar situation with Managers dragging their feet in implementing the recommendations of the DSE assessment, with a person suffering from a diagnosed ULD The fact that the person is claiming Industrial Injuries benefits and presumably the Employer knowing of the pre-existing condition, would hold them liable. You do not mention whether HR have been involved in this, presumably as a Government Agency all of the relevant HR procedures should be in place and adopted. The Employer, in my opinion, would not have much redress should the person involved wished to take further action. As a minimum, she should be advised to log all requests made to the employer regarding work station set up and get the Unions involved immediately.

Posted By Maj Does the Employee have a copy of the Assessment. I believe the way forward with this is to escalate the problem as high as you can. You could explain that the pre-existing medical condition for which industrial injuries benefit is paid is being exacerbated by the lack of appropriate work station set up. It maybe that she will require occupational health specialists to get involved which should not be too difficult for a Government Agency. It is, in my opinion, totally unacceptable for this situation to continue as it is. If you are the Safety Adviser for this facility, you should perhaps write to a Senior Manger expressing your concerns and stating that DSE assessment is a legal requirement.