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Posted By Tracey C
Hi All
I need your expert advise again please.
Senario:
An employee has worked for you in an office environment for 10 months then suddently tell the HR department that they have epilepsy and they put together a memo to be sent out to work collegues that they feel work close with them to make them aware as that person is having several seizures. (written by the employee and their idea). The Health and Safety Manager is infomred and talks to the employee identifying the risks and the possible way forward. Because the employee is having tests and their condition is changing daily the health and safety manager keeps up corrispondance weekly of the changes before writing a actual document with the words risk assessment on it. This all happens in the space of 3 weeks whereby the employee leaves the company for another job. If the health and safety manager didnt actually write a document with the words risk assessment on it are they wrong? What is the timescale this should have been done? Help!
Regards
T
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Posted By Sally
The legal requirement is for any situation is to carry out an assessment of the risks rather than a 'risk assessment'. The format isn't important, the information contained and actions taken are.
Sounds to me like the Safety Manager has done this so I can't see there being a problem.
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Posted By Coshh Assessor
I don't think you need a document titled "risk assessment" to show that you have done what you should have done.
Why are you worried about it?
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Posted By Tracey C
Many thanks for your responses. I cannot say a lot about this at present but all of the situation happened within a space of 3 weeks and because there isn't a document that says risk assessment and the employee's name questions are being asked. My answers are that i had corrispondance with this person at least once a week with regards to the situation and this person was informing me of GP's advice and how they were feeling, which i think is far better controlled than a piece of paper that says the words risk assessment, actions better than written words.
T
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Posted By Mitch
Tracey,
The way I see it is you were carrying out a dynamic (Risk) Assessment of the situation, if the employee had not left or the medical diagnosis had taken longer the 3 week period you refer to could have increased, no-one could put a timescale to this situation. Has a problem arisen through the handling of this/the employee leaving?
Mitch
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Posted By Scotty
Tracey,
Picking up on Mitch's comment - is this person making noises about tribunal/compensation? Or is someone panicking just in case.....? Given the length of time she's been with you, I don't think she'd be able to proceed. Anyway..........
It does seem that you've done plenty to support this person, although it'd be even better if you have your discussions with her documented (dated etc as well). Actions taken are even better when backed up in writing. Trust me.
Cheers,
S.
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Posted By Tracey C
Thank you so much for taking the time to respond you have all basically answered my question.
Many thanks
Tx
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Posted By Peter Haughey
Tracey, if you have documented everything you say, nobody can reproach you. You have to gather information before you can produce a formal Risk Assessment, and you were doing that.
As others have said, you WERE assessing risk, which you are meant to do. The fact that you had done finished doing so is irrelevant, especially since she left before you could do so.
Don't worry!
Pete
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