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"She is an adult and responsible for her own actions"
 
Greta restates this commonly held view.  Please do not take this
personally Greta but so often when I have heard others utter this
statement, it as a way of washing one's hands and avoiding
responsibility.  For those who make accusations against "nanny state",
for those who declare such mottos as "buyer beware", the statement is
legitimate.  It lies with a particular culture and view of the world.  I
must say that personally I feel uneasy with such a view.  
 
For me, it echoes the 19th century concept of "occupational hazard"
which people can choose to take on or leave the industry.  If they
decided to stay, they accepted that they had no claim against the
employer.  We are all aware of people who are prepared to place
themselves at harm, sometimes for the sake of extra money, sometimes to
increase job security, sometimes to increase chances of re-employment,
and sometimes because they love the job.  
 
I believe that organizations which benefit from people's needs (even if
they are not consciously and callously using the situation) have
responsibilities.  I accept that this is a view.
 
Kevin
 
Kevin MAGUIRE BSc BA MSc CPsychol MCIEH, Senior Lecturer, Environmental
Health and Safety Management, The School of Property and Construction,
The Nottingham Trent University, Burton Street, Nottingham NG1 4BU,
United Kingdom.  Telephone ++44 (0)115 848 2603
 
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-----Original Message-----
From: Greta Thornbory [mailto:[log in to unmask]] 
Sent: 22 March 2004 23:22
To: [log in to unmask]
Subject: Re: Locum workers.
 
This is a personnel problem. It is only an occupational health problem
if her sickness is caused by her work or her work is affecting her
health. We can gently remind personnel of their duty under the working
Time Regs, but it is really up to them. The lack of contract is a breach
of employment legislation and again a personnel issue. I would suggest
she sees her union rep - as you work for local government this is
probably Unison. It appears that she is not expected to do all this
work, but that she chooses to do it. She is an adult and responsible for
her own actions.
 
Greta
 
 
 
 
----- Original Message ----- 
        From: Susan Harrison-Stone <mailto:[log in to unmask]>  
        To: [log in to unmask] 
        Sent: Monday, March 22, 2004 2:48 PM
        Subject: Locum workers.
         
        As a referral I was asked to see a woman employed as a dom. care
worker in a very rural area.  She had been off sick for a year and was
now back at work.  She has worked for the organisation for some years
without a contract but doing around 25hrs./week.  As you can guess once
taking on a client she wishes to maintain that care. Many of her clients
in such a rural area will be known to her over a long time. Now because
of staff shortages, sicknesses etc she is doing up to and over 37hrs
spread over 7 days with first appt. of the day at 07.30 and last at
21.00.  She has no days off a week and works every evening putting 'her'
clients back to bed.  She does not have 11hrs off at night before
starting again the next morn.  Now I understand that she has no contract
and could refuse some of this but she wont as there does not seem to be
anyone able to take over from her except other carers who are doing the
same anyway.  Personnel say it is her problem as she can knock this work
load back just as we can if we do agency work but I wonder do we have a
duty of care to her and is it reasonable for her manager to put her in
this position?
        Any thought please?
        Sue
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