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Posted By Bob Youel
We should all be working together & supporting each other re managing H&S at work
undertaking health RA's where there is a likelihood that a person has a condition that puts them at high risk because of the base nature of the work which cannot be altered beyond RP [ e.g. household refuse collection / sewer working & specific medical conditions] should be a joint effort re the person involved, H&S, medical professionals, production managers, co workers & yes even HR - Noting that all but the production manager are supports not final decision makers & adequate disclosures must be made
employers should undertake such generic RA's in higher risk areas & thereafter undertake actions to discover individuals at higher than average risk where there is a real need
there are lots of issues, even human rights, but try standing up in a Coroners court explaining why you did not adequately manage as was the case where one person who did not tell me about his heart condition and died at work
professionals must start to learn to share info & stop hiding behind confidentiality as a tool to keep their professions strong
where you have to sack somebody because the high risk cannot be controlled down to an acceptable level where you have done all that is RP /P you are acting correctly & in the persons best overall interest even though they may not think so - I have been asked to allow H&S disclaimers even by medical people
Unfortunately there comes a time when hard decisions have to be made - who would employ a driver who cannot see the road - I did know a chain saw operator who could not see the end of the larger chain saws used & he had worked that way successfully for quite a time, until the insurance co found out
remember there are two sets of rights to consider the individual concerned and their co-workers
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Posted By John Murgatroyd Heard it all before. Just the usual "the company thinks it has a right to know everything and tell everyone" . So, given that most companies, and their personnel staff, think that confidentiality and data protection start at the office door and end on the other side of it..... I don't suppose for a minute that the MD with a heart condition comes into this at all ? Thought not.
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Posted By DJ Bob,
I think you are creating a conflict where none exists.
You (the health and safety practitioner) carry out a suitable and sufficient assessment of the risks posed to an individual doing a particular job.
You provide a suitably qualified occupational health practitioner with the results of the assessment, together with a job description and ask them if the individual concerned is able to do the job without risking their health and/or safety.
The Occ Health practitioner says 'yes', yes subject to restriction (or reasonable adjustment), or no.
Job done.
I have of course omitted the real problem. This involves a lot of effort on all sides and of course it costs money.
As a result, employers continue to do things 'generically' in the hope that it won't happen to them and usually it doesn't.
Regards.
DJ.
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Posted By Bob Youel
Thanks
the health professionals that I have delt with to date re day-to-day situations will not make that final decision, they all state that they are advisers and the final Y / N is not their decision to make
in all cases when a person returns from occ health they have a note with them that puts the onus on management e.g. 'management must undertake a risk assessment' not 'we will undertake a risk assessment with input from management'
No this sort of info is not for public display its to try to look after a persons overall health and kept to a very tight circle with the person involved at every step
your comments, ideas and suggested ways of working are great TA!
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Posted By John Murgatroyd My attitude to management and any personal info is "no". They want any info about my health, they ask me. If pushed I get a letter from my doctor, telling them as little as possible. I have very poor memories about employers and personal info....I know one woman reduced to tears and depression because of personal medical info becoming common knowledge at one company, and of another giving peoples info to their insurance company. Data protection ? Medical confidentiality act ? All a waste of time, the employer is always right, even when not. And few pay much attention to laws anyway. And what would managers know about health anyway ? A lot of ill-health is DUE to the work and conditions....not too much care about that....but loads of worrying if there's a chance of the s*** hitting the corporate fan. Why would your managers sit around a table questioning someone about their health ? They got a predilection for sadism ? You've got health advisors ? Let them do the questions, let the managers decide when, and if, they have the info.
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Posted By Kieran J Duignan Bob
From what I understand of the issue you raise, the root dilemma has to do with assessing whether the employee can work safely or is too much at risk.
If you as a safety professional believe he is too exposed to risks that can't be adequately controlled, you can make the choice to inform the chief executive of this assessment.
He/she can then, with or without consulting a HR specialist, decide whether to terminate the individual's employment on the grounds of 'frustration of contract' according to the Employment Rights Act 1996 (and possibly offer some compensation if the board or other ownsers permit him.)
You can neither oblige the chief executive (and HR specialist) to do their job nor prevent them - although is there perhaps a likelihood that the CE may exercise pressure to stimulate you to do yours by making your opinion clear to all concerned, in a manner that may ultimately be cross-examined in an employment tribunal if the employee should claim his dismissal was 'unfair'?
Neither pleasant nor comfortable to do but not overwhelmingly difficult to analyse, surely.
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