Reasonable adjustments.

If the employee can safely carry out the work then why not employ him?

Car driving is different as adaptions can be made but I see no reason for the same adaptions not to be made to a dump truck.

As I say if he can do it why not?

HI, I see your dillema - risk assessments are a must if you offer him the job and I agree you need to do a background check on his certificates and his incapacity. Does this information not appear on his application form on his health declaration HR should have that surely?
If everything is in order I would want to do a visible practical assessment to see how he copes. It really depends on the nature of the environment he's going to be working in and how much that differs from the environment he got his certificate issued in. Under DDA and rehabilitation - he would probably have had to go through more hoops to prove himself in the first place than the average person so if he fits the bill then you have no reason not to hire him.
I have a colleague who has one leg and he has had to jump through so many hoops (excuse the pun) he is a much better person for it and values the employed position he has. Attitutde has a lot to do with it too. Be interested to hear the outcome. Good Luck

Be careful not to treat him different to others. Why make him jump through more hoops if he can do the job?

Chris

There is nothing I would love more than to just green light it no questions asked. Sadly, I think you are being naive a little. I have had a fair bit of dealings with persons of varying disabilities over the last few years and have usually worked out something that suits the employer and the employee, and they have gone on to be valued members of their teams. Indeed, I had personal dealings with DDA a couple of years ago and my employers were very understanding indeed.

There is the potential for conflict between HASAWA and disability discrimination law if you are not very thoughtful when assessing and implementing working arrangements. You cannot justify any decision on one set of legislation over the other. It is all about balance, as has been said.

Folk have asked me for an update, so I think it is only fair as I have received plenty of replies.

Yesterday, we requested from the candidate confirmation that his last recertification was achieved in his present physical capability. If it is, then we will make him a provisional job offer and carry out an individual Reasonable Adjustments/ H&S Assessment with him. which will be mostly of the practical nature i.e. physical operation of the plant. This is pertinent anyway as all operatives should receive familiarisation with our plant in case of minor differences from manufacturer to manufacturer etc. The results of this will be documented and retained in the employee's confidential personnel file by HR. The employee will then be allocated worksites in a non- discriminatory way as with all our other operatives.

If clients raise the issue, we will provide them with the justification for the operative's selection and provide, subject to a further site specific assessment, back the employee. If the client then refuse to accept him, as far as I am concerned the onus is on them to justify their reasoning and, in the worse case scenario, field any subsequent challenges.

Maybe right, maybe not, but I think it avoids unfair discrimination under the Equality Act 2010 and satisfies our HASAWA duty to protect the safety of our employees and others who may be affected etc etc...