I have been trying to rack my brains about of piece of case law that supported the workers right to continue working even though to do so was exacerbating their symptoms. It was related to a paint sprayer that developed asthma that was considered to be work related and he was dismissed on H&S grounds and he took it to an ET. I believe won his case (It might have been on appeal) as it was said he had a right to work even if it harmed his health providing he was aware and accepted the risk.
We have a housekeeper just like your lady who has had surgery, physio, sometimes wears splints sometimes doesn't has had numerous adjustments made including redeployment to other areas, three times, has been told by an OHP and her orthopod specialist the work is too heavy for her, but she wishes to continue working so there is not a lot we can do about it. Basically it up to management to manage her performance and absence. We have done all we should re risk assessment etc now it's up to her she know the risks. The individual also has to take responsibility for their own health it's not all up to the employer.
Having said all that she is now making a work related injury claim but I doubt it will succeed.
It's not a perfect world and sometimes we just have to give management the advice and let them get on with it.
Sue.
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Naylor, Sharon [HMPS]
Sent: 12 January 2012 10:04
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] quervains tenosynovitis
I think that what the business need and what she wants are differing issues, however if you think that what she does will exacerbate her symptoms then you should say so and let management take it from there
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Tracy Turner
Sent: 11 January 2012 17:41
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] quervains tenosynovitis
Hi
Yes she has had cortizone and physio. She has been discharged from
physio. I saw her yesterday. The business need her to return to her
full role which is to be flexible on all production lines. There are
two lines which make and pack sausages which she percieves exacerbated
the symptoms. It does not appear that changes need to be made on this
line as rotation is in place but admittedly I must look at it more
closely but as I only work one day a week on this site it may e a few
weeks before a full ergonomic assessment is completed .She is ademant
that she will not return to the two lines even if a gradual phased
return is agreed. I think she is actually talking herself out of a job
but she believes that the Busienss caused the problems so they should
let her do any job. She is portugeese and requries a translator so it
compound the issues for me.
-----Original Message-----
From: JACKIE MORRIS <[log in to unmask]>
To: OCC-HEALTH <[log in to unmask]>
Sent: Wed, 11 Jan 2012 11:45
Subject: Re: [OCC-HEALTH] quervains tenosynovitis
Hi, I understand from your post that she has seen a Specialist but you
don't mention what treatment she has had. I suffered from this after
the birth of my first child-it is very painful! I had two steroid
injections (the first did not work), and have been fine since. I
assume this has been tried.
From: Tracy Turner <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, 10 January 2012, 19:27
Subject: Re: [OCC-HEALTH] quervains tenosynovitis
Thank you so much for all the help. I work alone and it is so good to
get your views. I have reassessed her in the work place today. She is
refusing to work on two lines or lift above 1.5kg. This is going to be
gradual and I dont think that the work place will accomodate a long
return to work.
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