Good Morning
I have been having similar cases not just for work related injuries but
all sorts of injuries. During this economic climate people are opting
to return to work even if this is not advised. I contacted ACASS as I
was concerned. I was saying the individual was not fit and they still
wanted to return to work.
I was advised to read the FIT note from the GP if it stated adaptations
were required then they had the same opinion as myself. If he had not
written adapations required then they advised me to contact the GP
directly or refer the employee back to his GP with a letter explaining
my concerns. ACASS stated that if we both agreed and the employer let
the individual back to work without adaptations then they would be
liable if the inury got worse.
At the end of the day it is the employers decision based on the advce
we have given and so I just ensure that I am happy with the
recommendations I have made and can stand up in court with confidence
knowing that I also have the support of the GP when I am not able to
get further OH support as I work alone.
Hope this helps
Tracy
-----Original Message-----
From: Lesley Bamford <[log in to unmask]>
To: OCC-HEALTH <[log in to unmask]>
Sent: Tue, 1 May 2012 1:46
Subject: Re: [OCC-HEALTH] Work related Injuries/Illness
Hi Tanya,At the end of the day it is the employers decision as to
whether toprovide modifications. All you can do is advise and leave it
up to themwhether they take that advice or not. I would ensure that I
highlightedthe reasons for my recommendations in my report, whether
furthertraining would facilitate a move to an alternative role and a
reminderof EA. The employer does have a duty of care to make
reasonableadjustments and would have to justify why these were not
feasible inthat particular role and if another role was not appropriate
due to lackof skills could training be provided?Kind RegardsLesley
-----Original Message-----From: [log in to unmask]
[mailto:[log in to unmask]] OnBehalf Of Tanya ChipunzaSent: 30
April 2012 16:35To: [log in to unmask]: Re: [OCC-HEALTH]
Work related Injuries/IllnessHi TaffyMany thanks for your response.
Iam aware of the fact that there isntmuch one can do from an OH
perspective at this point but I was justwanting to know more about what
the employer is obliged to do given thecircumstances. Perhaps our
colleagues knowledgeable in OccupationalHealth law could shed more
light.RegardsTanya********************************Please remove this
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