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I do see the points made, but there are conditions which may put the person, such as the example given (a rider of very 'fresh and skittish' race horses) at a significantly increased risk of injury.
 
Examples might include a history of recurrent shoulder dislocations, or indeed in the case of epilepsy, one or more fits in the past 12 months. Related Standards and Guidance may list such conditions.
 
In such cases I am lucky that I can seek the OHP's advice, but it would be helpful to hear what wording you may use at the point of employment assessment in such cases.
 
Taking into account Section 60 of the Equality Act, the function of riding is intrinsic to the job, so that  a certain level of fitness and health is necessary - as is the case with other physically demanding roles. In some of these roles it may difficult to advise on adjustments which the organisation may consider 'reasonable' e.g. no riding for a period of time. I do realise that it is for the organisation to decide on what is reasonable, but would like to ensure my practice is reasonable too, taking into account the needs of the employee and business needs of the employer.
 
Please be gentle in your responses! I am not sure if it is only me with such concerns over wording?
 
Thank you,
 
Pippa Stanford
OHA.
 

--- On Fri, 13/5/11, Carr Barnes <[log in to unmask]> wrote:

From: Carr Barnes <[log in to unmask]>
Subject: Re: [OCC-HEALTH] Pre Employment medical - who informs the candidate fit/unfit
To: [log in to unmask]
Date: Friday, 13 May, 2011, 8:02

I would have said the same as Sharon.

On 13 May 2011 08:29, sharon naylor <[log in to unmask]" target=_blank rel=nofollow ymailto="mailto:[log in to unmask]">[log in to unmask]> wrote:
Can you say that riding horses is unsafe if the condition is well controlled? For instance, if the person has a full driving lisence (in order to have that they must be "fit free" for 12 months)  I thik we can only say that the individual has a condition that would be considered a disability, there fore reasonable adjustments will need to be considered, you can comment on the likely effects of the condition and safe systems of work may need to be initiated (eg no lone working) 
 

Date: Fri, 13 May 2011 07:08:29 +0000
From: [log in to unmask]" target=_blank rel=nofollow ymailto="mailto:[log in to unmask]">[log in to unmask]

Subject: Re: [OCC-HEALTH] Pre Employment medical - who informs the candidate fit/unfit
To: [log in to unmask]" target=_blank rel=nofollow ymailto="mailto:[log in to unmask]">[log in to unmask]

Hi Carr

It is always helpful to hear helpful wording in relation to advice we give.

How would you word advice to management at point of employment if say, the post involved riding horses (key and main task) but the individual had a condition that would make this unsafe for them (and maybe others) e.g. epilepsy. This may also fall into certain recognised Standards of Fitness Requirements.

Many thanks for your helpful advice.

Kind regards
Pippa

Pippa Stanford
OHA Sent from my BlackBerry® wireless device

From: Carr Barnes <[log in to unmask]" target=_blank rel=nofollow ymailto="mailto:[log in to unmask]">[log in to unmask]>
Sender: [log in to unmask]" target=_blank rel=nofollow ymailto="mailto:[log in to unmask]">[log in to unmask]
Date: Thu, 12 May 2011 17:25:31 +0100
To: <[log in to unmask]" target=_blank rel=nofollow ymailto="mailto:[log in to unmask]">[log in to unmask]>
ReplyTo: Occupational Health mailing list <[log in to unmask]" target=_blank rel=nofollow ymailto="mailto:[log in to unmask]">[log in to unmask]>
Subject: Re: [OCC-HEALTH] Pre Employment medical - who informs the candidate fit/unfit

Hi Roisin

Just wanted to clarify what I meant in case it wasn't clear:

As an OH I would never tell a prospective employee I found them "unfit"... I would advise that I felt certain adjustments would be needed to support employment in the roll, explain what those adjustments were that I would be advising etc and why. I would then say that I would forward the same information onto the prospective employer. 

If there were no specific adjustments required I would advise them of that.. i.e. I will advise X that there is no specific adjustments required to support employment in the role etc.

I have always been (and always been advised to be) very careful about not using the words "unfit for post" to a candidate or for that matter in a report as that is beyond our remit and not our decision.

The report wording tends to be:
Fit for proposed post: No adjustments required to support employment in proposed role at this time
Fit for proposed post with support of adjustments as follows: 

Carr

On 12 May 2011 17:15, Roisin Smyth <[log in to unmask]" target=_blank rel=nofollow ymailto="mailto:[log in to unmask]">[log in to unmask]> wrote:
Thanks to everyone for your input,

I think the whole exclusion criteria is about to be reviewed because of recent events where the desired candidate underwent an assessment and was not deemed suitable to work because of these exclusion criteria.

The argument that health and safety has in relation to reasonable adjustments or accommodations is that, if someone with an underlying medical condition such as asthma works in an area where there is exposure to known sensitisers such as Nickel, their health condition has a high risk of being aggravated, and the nature of the job they are applying for is such that exposure to this substance cannot be avoided in the role, despite the fact that full PPE is provided.

I must admit that I am feeling the lack of my OH qualification here. 6 years experience but will not be doing the course until next year. The case has been referred to the OHPhysician.

Carr, I will be discussing the use of fit and unfit with both the company and the OHPhysician. Thank you.

Roisin

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