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#1 Posted : 03 March 2008 15:15:00(UTC)
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Posted By Joe Fenoughty My wife works for Royal Mail. She had an injury to her shoulder which led to 9 months of sick leave 7 years ago, while working for Royal Mail. She has for the past 7 years delivered Mail with the use of a golf type trolley. Should Royal Mail have provided Health Surveillance in those 7 years?
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#2 Posted : 03 March 2008 18:46:00(UTC)
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Posted By Raymond Rapp Joe The answer to your question is yes, as per regulation 6. MHSWR. However, there are other matters which need to be considered. Was the shoulder injury caused by a work-related injury? When your wife returned to work was there any special provisions to assist her eg golf type trolley. Was a risk assessment completed? You asked a closed question and provided sketchy details, therefore the above is the best I can manage. Regards Ray
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#3 Posted : 03 March 2008 20:20:00(UTC)
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Posted By Tim Although some people do a form of surveillance for MSD's, there is to my knowledge no legal requirement to provide it.
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#4 Posted : 03 March 2008 20:49:00(UTC)
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Posted By Raymond Rapp Tim Health Surveillance covers all types of ill health and not just MSDs. Where there is a particular industry problem or individual vulnerability, then the company should show due diligence. There is also the employer's civil law duty of care to consider. Ray
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#5 Posted : 03 March 2008 22:11:00(UTC)
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Posted By Tim Ray, I did say it is conducted but not a legal requirement, if you look on the HSE website under health surveillance you will see the following statement: MSDs and stress There are health risks (eg stress; musculoskeletal disorders) for which the law doesn’t require employers to provide formal health surveillance. This is because valid techniques don’t yet exist to detect the symptoms of these diseases. However, it is still be good practice to monitor health using other arrangements, such as symptom reporting and sickness absence records. Regards
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#6 Posted : 04 March 2008 11:52:00(UTC)
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Posted By Raymond Rapp Tim I take your point, but surely the HSEs guidance is referring to surveillance and MSDs in general. Where there is a known problem (as in this case) I believe that the onus changes and the employer now has a duty to provide surveillance etc. Ray
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#7 Posted : 04 March 2008 12:16:00(UTC)
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Posted By steve e ashton Raymond: From http://www.hse.gov.uk/co...thrisks/surveillance.htm "Formal health surveillance is only necessary if work damages health in a particular way and the following three factors all apply: there is a valid way to detect a disease or condition; and it is reasonably likely that damage to health will occur under the particular conditions at work; and health surveillance is likely to benefit the employee." I know its not construction but the basic principals are the same... Personally, in this case I can see no 'valid way to detect' that wouldn't be picked up by self-reporting of symptoms as identified in Tims reference Neither can I see any 'benefit' for the employee - there is unlikely to be additional mitigation or treatment that could be applied to avoid further damage once (further) symptoms are identified (other than removal from exposure which probably measn dismissal)... It may have been wise for the employer, knowing the history, to consider more frequent refresher training (although see recent thread regarding the dubious 'benefit' of this) and to re-emphasise to the individual worker that they should report any further problem but - in my opinion- Health survellance would probably not have been of any use here, and would not have been seen as 'necessary'... Steve
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#8 Posted : 04 March 2008 15:25:00(UTC)
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Posted By Raymond Rapp Steve Perhaps the term surveillance is inappropriate under these circumstances. Got a bit bogged down with the original closed question. I do think that monitoring might be a better term. Indeed, I agree that it is a 'double edged sword' and that if the employee was deemed to not be up to the task, then dismissal might have been an option, assuming alternative work could not be found. Although the view of the employee and medical health should be sought before any decision should be made. However, we still do not know the cause of the original injury (work-related or not) and what was agreed (if anything) on the employees return to work after 7 months off sick. Presumably the injury has got worse and that prompted the question in the first place. Ray
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#9 Posted : 04 March 2008 17:33:00(UTC)
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Posted By Joe Fenoughty Hi everybody I would first like to thank all of you for contributing to my question. There seems to be some ambiguity about my question, so I am going to clear up a few of the issues. My wife began work for Royal Mail as a PostLady in January 1998 with no physical problems what so ever. Problems with her shoulder began in December 2000 which caused her to be away from work for 9 months. Should the Royal Mail be responsible for the Health Surveillance or should there be any Health Surveillance at all. My wife is still a postlady but she has a trolley instead of a sack to carry her mail in.
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#10 Posted : 04 March 2008 18:33:00(UTC)
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Posted By Kieran J Duignan Joe I'm very sympathetic to read about the condition you refer to as MSDs can take some time to remedy. I understand from a much earlier conversation with friend who works as a (junior) manager with the Royal Mail and another who has done a lot of occupational nursing work with them that the services of Atos nurses are continually publicised and freely available to all postal staff. Before an challenge is considered, it may be advisable to establish how and to what extent your wife apparently missed out on what they provide.
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#11 Posted : 04 March 2008 19:02:00(UTC)
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Posted By Tim Joe, What I would have expected to happen, is that occupational health would have assessed her, then some recommendations to management about what she was able to do, and how the risk of the condition progressing further could be managed, something should have come out of this process, i.e use a trolley etc or if duies could not be performed, then some form of redeployment. All the best
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#12 Posted : 04 March 2008 19:06:00(UTC)
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Posted By Raymond Rapp Joe Sorry to hear about good lady's problem. I think you need to forget about health surveillance, as the previous posts have illustrated, and replace it with health monitoring. Therefore having established her injury was work-related, I think the company should have assessed her needs when returning to work and thereafter periodically monitored your wife's health. The provision of a trolley in itself whilst being a sensible intervention, does not discharge the company from future assessments. Has the injury got worse? If so, has she raised it with the company occupational health service?
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#13 Posted : 05 March 2008 11:56:00(UTC)
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Posted By Jean Hi Joe I've sent you an email Jean
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