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Only a court of law could declare categorically that someone came under the DDA. I would suggest that from an employment point of view what management need to take into account is the prospective candidates functional capacity to undertake the post. and as such do any restrictions apply. Sandra Edwards BSc(Hons) SCPHN. PGCE Dip HE RGN. Occupational Health Nurse Adviser ________________________________ From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of McAlister, Beverley Sent: 07 July 2009 15:14 To: [log in to unmask] Subject: Re: [OCC-HEALTH] Declaration of disbility Tracey, I suppose it raises the question about what is the purpose of pre-employment health screening? I wouldn't be inclined to take responsibility for providing such a fixed response for every potential employee. Why should you need to if you are providing an opinion that they are fit for the proposed post. Surely it is sufficient for you to use your judgement and to advise HR about DDA considerations in those cases where you have assessed someone and made recommendations for adjustments and you feel that this information is pertinent in helping them to assess whether your recommendations are reasonable or not. It sounds (and call me cynical) that they want someone to be responsible for making a blanket assessment of each employee so that they have someone to blame if problems arise, along the lines of 'well OH told us that the DDA didn't apply' If they are wanting to obtain this information for monitoring purposes then I would suggest that they provide a definition of a disability and ask prospectives employees to identify themselves, without disclosing confidential medical information. Regards Bev Bev McAlister Senior OHA/Manager Occupational Health Service Guernsey Health and Social Services Department Tel: 01481 707411 Ext 4689 ________________________________ From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Huguenel, Tracy Sent: 07 July 2009 14:46 To: [log in to unmask] Subject: [OCC-HEALTH] Declaration of disbility When screening PEQ's, the request for DDA information has come through from HR. Under the fit section, they would like a declaration of: has condition covered by DDA yes / no The rationale for this is so that the employer can make reasonable adjustments - and to give them a get out clause if it comes to light that the employee did not declare a condtion (Cynical, but true) The prospective employees are not happy, concern about if this affects their job prospects The nature of the condition is not disclosed, but the employee would be advised to inform their manager Your opinions on this would be appreciated as it seems very much a grey areas. Thank you Tracy Huguenel, RGN, SCPHN (OH) Deputy Head of Occupational Health F Block Nurses Campus Basildon and Thurrock University Hospitals NHS Foundation Trust Nethermayne Basildon SS16 5NP 0845 155 3111 Ext 3982 / 3591 Fax 01268 534127 ~~~~~~~~~~~~~~~ Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk ********************************ATTENTION******************************* Confidentiality: This email and any documents transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and destroy it without further action. Any dissemination, distribution or copying of this message or any files transmitted with it by an unauthorised recipient is strictly prohibited. ~~~~~~~~~~~~~~~ Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk ~~~~~~~~~~~~~~~ Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk