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Risk assessment for vulnerable employee with new health condition
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johnboy  
#1 Posted : 05 September 2021 00:00:24(UTC)
Rank: Forum user
johnboy

I have an employee diagnosed with a new medical condition, he has photophobia and phonophobia and anxiety. Do I need to carry out a specific risk assessment for this employees work activites.

also should I carry out a stress risk assessment for this individual , we have gave him a number for the employee assistance programme which offers  counselling but should we try to prevent stressors at work also?
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Kate  
#2 Posted : 05 September 2021 09:37:36(UTC)
Rank: Super forum user
Kate

What will help this employee is for someone (ideally their manager) to have a supportive conversation with them about what their needs are, how their work may exacerbate their health conditions and what adjustments or changes would be helpful to them.  This should then result in conclusions about what actions to take to protect their health.

Notes should be kept of the conclusions, in the employee's personnel records.  You could write the heading "risk assessment" on the notes if you wanted, but this isn't important.

This should then be followed up at defined intervals to check how things are going and whether to change anything.

If however the person's manager is a muppet and HR see nothing but a firing opportunity, it may well fall to the poor old H&S person to try to sort things out.  This can be quite difficult, as said poor old H&S person has no powers to make the changes that may be needed, being as it is literally the manager's job to manage this employee.
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thanks 2 users thanked Kate for this useful post.
aud on 05/09/2021(UTC), JohnW on 06/09/2021(UTC)
stevedm  
#3 Posted : 06 September 2021 09:58:59(UTC)
Rank: Super forum user
stevedm

I think you need to be very careful here...these can indicate other issues...you need active OH support from a qualified Doctor (I mean Occupational Health Qualified :) )...you clearly want to do the right thing which is good but just tred lightly...and encourage others (HR, Management etc) to do the same...
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CptBeaky  
#4 Posted : 06 September 2021 10:43:46(UTC)
Rank: Super forum user
CptBeaky

I think this may come under the Equality Act 2010 as a disability.

Quote:

(1)A person (P) has a disability if—

(a)P has a physical or mental impairment, and

(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities

I would assume their fear of bright lights and loud sounds does impact their ability to carry out day to day activities, such as using a vacuum cleaner or shopping in beauty shops (with their notorious bright lighting). You would have to make reasonable adjustments to ensure their disability does not put them at a disadvantage.

Quote:

20  Duty to make adjustments

(1)Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.

(2)The duty comprises the following three requirements.

(3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

(6)Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.

(7)A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.

(8)A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be construed in accordance with this section.

(9)In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—

(a)removing the physical feature in question,

(b)altering it, or

(c)providing a reasonable means of avoiding it.

(10)A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—

(a)a feature arising from the design or construction of a building,

(b)a feature of an approach to, exit from or access to a building,

(c)a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or

(d)any other physical element or quality.

What is considered "reasonable" is obviously up for debate. At the very least you should try to ensure their work area is as safe from these triggers as possible. Obviously I am no expert in the Equality Act 2010 so you maybe need to seek specialist advice.

That being said, it could be worth working with the individual to create a risk assessment so that you can take the appropriate actions to help control the situation. One obvious example is what to do in an emergency situation when an alarm goes off?

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thanks 2 users thanked CptBeaky for this useful post.
peter gotch on 06/09/2021(UTC), mihai_qa on 06/09/2021(UTC)
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