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Posted By Barrie Etter
Hi,
My company is looking to take on a machinist with one functional eye. I've been asked if there is anything extra the company needs to do? I've concluded that improved lighting and perhaps tactile matting in the area of the machine may help but at a loss to what else to do.
If you have anything that could be suggested, I'd appreciate it.
Regards,
Barrie Etter
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Posted By Bob S
Make sure that he does not lose or damage the other eye. Include in the risk assessment that he has only one eye.
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Posted By Alan Hewett
Barrie,
Make sure you speak to the person and ask them what may help.
Regards,
Alan
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Posted By Kenneth Patrick
Barrie,
The issue is, as Bob has said, that you need to be especially careful to protect the eye. I think you will find that having one eye does not mean you are visually impaired.
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Posted By Barrie Etter
Thanks to Alan and others.
After I posted I thought of asking the person BUT he hasn't been offered the job yet and have no wish to raise hopes or being accused of discriminating should he be not offered.
Bob you suggested a risk assmt but to what degree? I appreciate you have no idea how big the workshop is (a small two man sub outlet to main manuf' area) but I'm concious of trying to not end up with political correctness going too far and being slapped down by legislation for not doing it in the first place.
Thanks for the help so far.
Any further suggestions?????????
Barrie
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Posted By Alan Nicholls
Hi Barry
In previous employment we had a machine operator with one functioning eye. He was as good as any of the other operators, did not ask for or get any special treatment. Having said that the RA must address the fact that depth perception is a problem, the working environment must be kept tidy and adequate working area.
Regards Alan N
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Posted By Frank Newman
Suggest you contact the Royal Institute for the Blind. (I'm not sure if I have the name right and they are currently changing their name to reflect their services to the partially sighted)
I'm sure they have lots of experience in helping partially sighted persons to integrate into the working environment.
A one-eyed person will probably have problems with depth and edge perception but there are compensatory techniques. The four acquaintances that I know of (there may be others) with this condition do not seem to have any problems.
But you must be UTTERLY certain that there will be no risk of damage to their remaining eye.
Merv
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Posted By Alan Hewett
Barrie,
If the person is offered the job and accepts you could then speak to them prior to starting but bear in mind that you may need to make some adjustments to accommodate them prior to them undertaking the full range of duties that you are employing them to do.
The person may come under the remit of the Disability Discrimination Act dependant upon factors such as the level of sight in the functioning eye and any impact on their normal day to day activities.
The Royal National Institute for the Blind have undertaken assessments for employees with visual impairments previously and there web sight may be a source of information.
Again I would speak to the person as soon as it is viable to do so to see if they have any requirements, it may well be that they don't but you should check and involve them in the assessment where possible.
As Alan has stated the tidy working area and clear walkways are very relevant.
Regards,
Alan
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Posted By Emyr Evans
I remember from my NEBOSH certificate training that there was some case law around that states that companies must afford a higher level of safety to those with monocular vision. I believe that the logic was that in the event of a person with two eyes sustaining a serious accident whereby they lost the sight in one eye, at least they could still see with the other, whereas loss of sight in the good eye of the monocular vision person would be total loss of sight.
When I worked for an aircraft maintenance company, I recall that the best engineer we had for repair and assembling the gearboxes for commercial aircraft was totally blind - so impairment may be of benefit in some tasks / circumstances
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Posted By Alan Hoskins
Paris v Stepney Borough Council (1950)
A Local Authority employed Mr Paris as a garage mechanic. Mr Paris had lost the sight of one eye during the war. In order to loosen a stiff bolt he struck it with a hammer; a piece of metal flew off and struck him in his good eye, causing him to become totally blind. At the time of the accident eye protection was not issued to any employee therefore the Council denied liability for the accident. After the accident, Mr Paris successfully claimed damages for his injury but this was overturned on appeal. Mr Paris then appealed to the House of Lords.
The Decision:
The probability of such an event was very small, but its consequences were very serious, his employers, knowing of his disability, should have taken extra care to provide goggles for him. The more serious the possible damage, the greater the precautions that should be taken. Stepney Borough Council owed a special duty of care to Mr Paris and had been negligent in failing to supply him with goggles, even though this equipment was not given to other employees.
Alan
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Posted By Alan Hewett
Also remember that you will owe the person a higher duty of care particulary where they may be the possibility of damage to an eye as this could result in them becomming blind where as to someone with vision in both eyes it could result in loss of sight in one eye.
Regards,
Alan
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Posted By Dave B
I would also suggest that if there is any risk at all of eye damage from projectiles then protective goggles should be made available and used.
Dave
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Posted By Dave Daniel
You need someone with a Looooong memory!
The case of the one-eyed man used to be a classic legal judgement but unfortunately there's a gap in my grey cells just where the case name was stored! I'm sure someone else can find it!
Essentially you owe a greater legal duty of care because if he loses his remaining eye he would be blind. therefore you might insist he wears eye protection in places others might not need to because the risk is low. Perhaps the provision of prescription safety specs and requiring them worn at all times might be appropriate. This on top of anything you do to adapt the workplace to suit his disability.
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Posted By Kenneth Patrick
Colleagues, People with one eye are not visually impaired, they are not registered disabled, they are not partially sighted. So the only relevant comments are from those who remember their course tutors telling them of the extra degree of duty of care, since if you damage the one good eye then you are blind
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Posted By David Bannister
I recall many years ago an insurance company making it a requirement that an employer enforced the use of eye protection for an individual with single eye vision, based on the Paris v Stepney BC case. I can't remember the job that was involved. The employer thought this was gross overkill and moved the insurances at next renewal. New insurer didn't seem to make any special stipulation.
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Posted By Alan Hewett
Kenneth,
I don't believe that you have to be registered as disabled for the Disability Discrimination Act and its requirements for reasonable adjustments to apply.
I interpret the scenario of having full sight in one eye and no sight in the other eye as falling into the DDA's 'grey' area.
The test of whether it applies would depend on other factors including the impact on the persons ability to undertake day to day activities (based on the impact without considering the mitigating effects of any treatments).
A consideration on this may depend upon whether the person was born with sight in one eye or whether the loss of sight in one eye was due to an incident that occurred later in life.
That's only my interpretation and I stand to be corrected, but I think that it is definitely something that Barrie needs to be aware of and may possibly seek further advice on.
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Posted By Alan Hoskins
Dave/David,
I refer you to the answer I gave earlier...
A
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Posted By Amanda
To add to my colleagues advice I would suggest speaking to the Job Centre - Access to Work Adviser who will help you. I understand this advice is free, however there may be costs incurred in adapting any workplace of which the company will pay a percentage and the rest is covered by 'national funding'
Even if you do not appoint this person there may be people in the future who have various disabilities. It is not a grey area if you have a condition which has be long standing and is expected to last for at least a year they are covered by DDA.
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