Hi David,
If they allowed him to stay in this position the company would knowingly
expose him to a risk that has already been assessed as unacceptable and
would therefore still be liable to prosecution both from a personal injury
perspective and surely from the HSE, especially as he has been diagnosed as
having an occupationally related disease. As previously said my experience
is that waivers are not worth the paper they are written on. Can any
adjustments be made to allow them to stay in that role, is an alternative
role being offered? Lots of questions still need answering. Maybe your
role is complete, he is unfit to continue if the exposure can not be
reduced/ removed.
Good luck
Frank
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
Of David Wadsworth
Sent: 18 December 2006 11:17
To: [log in to unmask]
Subject: [OCC-HEALTH] Legal guidance - ill health but does not want to
chnage job
Dear all
I am seeking guidance on whether an individual, who has a either a diagnosed
underlying medical condition or a diagosed work related ill health
condition, can request to remain in a job which may have an adverse effect
on their condition?
IE Symptoms of HAVS, does not want to take up offer of other jobs as he
loves his current one, hates all alternatives.
Does a business have an absolute duty to change his role, or does the
indiviual have a right to make that decision with the knowledge that it will
advserley effect his health, maybe signing a waiver?
Thanks in advance
David
~~~~~~~~~~~~~~~
Please remove this footer before replying.
For list archives and documents, go to
http://www.jiscmail.ac.uk/lists/occ-health.html
FORTHCOMING CONFERENCES AND EVENTS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
For Occupational Health jobs, go to http://OHJobs.drmaze.net
Find out about Occupational Health Nursing Education in UK at
http://home.wlv.ac.uk/~in6232/aohne/
|