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OCC-HEALTH  June 2007

OCC-HEALTH June 2007

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Subject:

Re: Employment discrimination and obesity

From:

Rita Ogden <[log in to unmask]>

Reply-To:

Occupational Health mailing list <[log in to unmask]>

Date:

Fri, 29 Jun 2007 09:00:21 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (348 lines)

Hi,
My understanding is that obesity itself is not covered, but health issues as a result of the obesity, i.e. hypertension etc, are covered.
Kind regards,
Rita

Rita E Ogden
Specialist Practitioner/Clinical Team Leader,
Occupational Health Service,
St. James's University Hospital
Tel: 0113 2065228
Leeds General Infirmary
Tel: 0113 3923267

>>> katherine griffiths <[log in to unmask]> 28/06/2007 16:55 >>>
May depend on underlying cause of obeisty...?
 
If DDA the employer is expected to make reasonable adjustments, what an
IT may consider reasonable will depend on size of organisation etc...

On Thu, 28 Jun 2007 17:48:58 +0200, "Ellie Paige"
<[log in to unmask]> said:
> Just on a thread that Jane discussed there......is obesity covered under
> the DDA.
> Chap who is grossly obese cannot undertake his usual duties as he
> experiences back pain due to his weight and feels that he cannot lift and
> bend to undertake his shelf stacking role. Wants to try working on the
> fork lift trucks but is too obese for the cabs. The company do not want
> to replace the Fork LIft truck as he is the only one who has a problem
> with it, plus it has a high cost.
> Do they have to consider this option and act upon it????? They can rotate
> his duties, 1/2 shift shelf stacking, 1/2 shift on hygiene duties but he
> has declined this and his GP has signed him off with work related
> stress!!!!!
> 
> 
> 
> 
> 
> ========================================
> Message Received: Jun 28 2007, 03:05 PM
> From: "Jane Fairburn" 
> To: [log in to unmask] 
> Cc: 
> Subject: Re: [OCC-HEALTH] Employment discrimination
> 
> Oooh discrimination one of my faves!
> 
> In reality, it is still actually 'legal' to 'discriminate' in some cases
> - for example there is no legislation yet to say an employer can't refuse
> to employ a smoker or indeed an obese person - both of whom may be
> otherwise fit and healthy. Keep an eye on Europe tho it can't be far away
> :-) Discrimination is a word which can be used frivolously where in law
> there is protection at present only in the following defined categories :
> Sex 
> Race
> Religious Belief
> Sexual orientation
> Disability
> Age
> 
> In the real world though I think that Gabrielle perhaps has a point and
> some companies (small and large) may 'screen out' before pre-emp q's come
> to us - but as Greta says lets leave that to HR cos it would be their bed
> to lie in and not OH!
> 
> Regards,
> 
> Jane
> 
> Jane Fairburn
> Occupational Health Services Director
> Mobile : 07770 638 268
> Office : 01925 227 000
> www.people-am.com 
> 
> ________________________________
> 
> From: [log in to unmask] on behalf of Greta Thornbory
> Sent: Thu 28/06/2007 12:28
> To: [log in to unmask] 
> Subject: [OCC-HEALTH] Employment discrimination
> 
> 
> If it does then it is their problem not OHs. Employers can employ who
> they like to do the work - however, if they discriminate against anyone
> for what ever reason, sex, age, disability then they are at risk of legal
> action. OH is not the keeper of who discriminates or not.
> 
> Greta
> 
> 
> 
> ----- Original Message ----- 
> From: Gabrielle Schofield 
> To: [log in to unmask] 
> Sent: Thursday, June 28, 2007 12:05 PM
> Subject: Re: [OCC-HEALTH] pre employment medical questionnaires
> 
> 
> The 3 questions for HR to view seem fine for very large companies. How
> about smaller companies whose costs need to be kept to a minimum. Do you
> think a 'yes' answer could sway HRs choice of potential recruits?
> 
> 
> Gabrielle 
> 
> 
> 
> From: [log in to unmask] [mailto:[log in to unmask]] On
> Behalf Of Andy Hall
> Sent: 22 June 2007 12:38
> To: [log in to unmask] 
> Subject: Re: [OCC-HEALTH] pre employment medical questionnaires
> 
> 
> 
> 
> 
> Thanks for that answer Greta
> 
> I have got your book - as recommended by Cynthia Atwell - and constantly
> refer to it. Its about changing peoples idea about what we could be
> doing, rather than going with the flow because its easier
> 
> Regards
> 
> Trish
> 
> 
> 
> 
> 
> 
> ========================================
> Message Received: Jun 22 2007, 09:00 AM
> From: "Greta Thornbory" 
> To: [log in to unmask] 
> Cc: 
> Subject: [OCC-HEALTH] pre employment medical questionnaires
> 
> ? 
> 
> Presumably you all mean pre-employment health questionnaires or health
> declaration forms? There is a growing body of evidence developing about
> the use of these forms and the move today is to go along the route of HR
> asking three questions:
> 
> 
> 
> * Do you need any special aids/adaptations to assist you at work, whether
> or not you have a disability?
> 
> * Are you having, or waiting for, treatment or investigations of any kind
> at present?
> 
> * Have you ever had any health problems which may have been caused or
> made worse by work?
> 
> - Answer YES to any one of the questions and the candidate must be
> referred to OH for assessment
> 
> - Answer NO to all questions and accept as fit for employment
> 
> » Hargreaves C, Screen Test, Occupational Health journal July 06
> 
> 
> 
> Where there are specific health hazards then a risk assessment form
> should be completed by HR and sent to OH asking them to assess the
> suitability of someone for that specific task/area of work. This will cut
> out all the unnecessary screening of health declaration forms, especially
> as all the research is showing that 1. people don't answer them honestly
> and 2. 99% of people are not rejected. (One HR manager in a national
> company told me of the 9000 people she had employed over a period of many
> years OH had never turned down anyone!!)
> 
> 
> 
> There is a whole chapter about pre-employment in our book which deal with
> this subject although the pre-employment form we have given is the one
> recommended by Whitaker's research in the early 1990s, the 3 questions
> above came after we had written the book but we will include it when we
> update it in a couple of years. As for management referrals yet again I
> attach the management referral form we recommend in the book which says
> it all really!
> 
> 
> 
> Please contact me off line you need any more
> 
> 
> 
> Kind regards, Greta
> 
> 
> 
> Greta Thornbory
> Consultant, Occupational Health & Education
> Consultant Editor, OH Journal
> www.gtenterprises-uk.com 
> Tel: 01235 770156
> Mob: 07778 518 027
> 
> ----- Original Message ----- 
> 
> From: Andy Hall 
> 
> To: [log in to unmask] 
> 
> Sent: Thursday, June 21, 2007 10:49 PM
> 
> Subject: Re: [OCC-HEALTH] pre employment medical questionnaires
> 
> 
> 
> 
> Janet,
> 
> If you want to contact me off line I can send you bits and pieces that we
> have.
> 
> Can I ask the list for their thoughts on pre employment forms. I am
> looking at this for my assignment.and my ABSOLUTE bugbear is
> 
> 1. Being opened/photocopied by HR - yes I know some don't state medical
> in confidence, but it just bugs me 
> 2. Asking totally inappropriate questions eg whether or not they suffer
> with piles.... I know this company is a sandwich maker, but they have
> already answered 6 bowel orientated questions by the time they get to
> this one. 
> 3. Bunching of allergies and asthma together, which is normally ticked
> yes because at some stage during their lives they may have had an
> unmedicated wheeze. 
> 4. Having a one fits all pre employment medical questionnaire 
> 
> I better stop now before I get into my stride. 
> 
> So please does anybody out there have any guidance, referencs or general
> thoughts on this subject.
> 
> Looking forward to your replies
> 
> Many Thanks
> 
> Trish
> 
> 
> 
> 
> 
> 
> 
> 
> ========================================
> Message Received: Jun 18 2007, 05:19 PM
> From: "Janet O'Neill" 
> To: [log in to unmask] 
> Cc: 
> Subject: [OCC-HEALTH] mangament referrals
> 
> Hi
> 
> I am doing an assignment on management referrals to OH for all possible
> reasons and wondered if anyone could help with benchmarking. I am looking
> for policies, procedures, referral forms, audits - or anything at all
> even if it is your opinion
> 
> thanks
> 
> Janet O'Neill
> 
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> 
-- 
  katherine griffiths
  [log in to unmask] 

~~~~~~~~~~~~~~~
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