Mike - tricky one to answer - but what is your overall policy on dealing with Havs? Do you know what exposure staff are faceing Do you have health survalance in place? You say he has been to see a speaclist but have you referd him to an occupational health specalist and recieved a report of action needed?

I would never rely on a persons own Doctors report as you have no idea what information he has given the Dr - for example has he told him how much time does he spend on tools. We have collegues who have come to us with Havs from previouse employment, hobbies etc and we limit thier exposure to tools.

Hi Mike

Your OH provider would recommend that THEY do another assessment wouldn't they [I am thinking as your manager might be!].

But, you have a contract with that OH provider for a reason - so you either trust their judgement or get a second opinion as to what is needed [which second opinion could easily cost more than the assessment that has been recommended].

OR you can keep this employee off the tools and face potential litigation - time to get the HR bod involved?

I'm with you on this. Take the easy option and let this person back on the tools - if their condition is exacerbated, my guess is that the Courts would be very unsympathetic EVEN if you are following what the employee has said about NOT having HAVS.

Whether you call it HAVS or an undiagnosed condition is unlikely to make a lot of difference - on the tools teh condition happens, off the tools the condition improves. Ergo it is probably that working on the tools is correlated with the severity of the condition.

...and when it comes to the crunch it is for the employer to prove on the balance of probabilities that you have done all that was reasonably practicable.

Very difficult I think that you could reach that threshold of proof without further assessment.

Good luck with a very delicate tightrope.

Oh, and remember to update your CPD record about this scenario and how you help the process of coming to a "suitable and sufficient" assessment of the risks and appropriate mitigations.

P

So it turns out that our occ health provider have agreed that we should keep him off the tools until we know more about his condition. Apparently legally we can take advice from whoever we want, as long as the advice comes from a source of the same level e.g. a different specialist. So we are following occ health guidance of keeping him off the tools and are looking to book him in for a tier 4 assessment.

Of course it could just be what are normally considerd old age ailments such as the onset of arthritis