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Well said David

 

I failed a fork lift truck driver yesterday as not fit for his
substantive role on medical grounds.

 

The resulting conversation with management was productive and fair and
they are looking at alternatives for him, however they are (as is the
employee) very aware that if no alternative is available then dismissal
is likely.

 

The point being if handled professionally and communicated well then
court cases are not threatened, however even if they are I will not pass
someone as fit if they are not we also have a duty to the company not to
allow dangerous practice.

 

Thanks,  Julia

________________________________

From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of [log in to unmask]
Sent: 27 March 2012 12:41
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Job Offer subject to satisfactory medical

 

Hi Susan 
my point is: 
we are so occupied trying to be politically correct and fear the
consequences of our actions, trying not go against Equality Act, be show
to discriminate against, and being taken to court or reported to the
MNC. 
Do we really give a professional opinion any more, do companies get a
decision they are paying for and deserve we are SPECIALISTS and we know
if a person is fit for a role or NOT but we never say they are NOT FIT. 

If you take a car for an MOT and they pass it with worn tyres, excessive
emissions and poor brakes and the garage say well its a car it works but
not roadworthy up to you if you drive it on the road, however the good
news is its OK for a demolition derby would that be valued information
when you kill someone if not yourself. Do we say your only a mechanic
and that's your opinion? NO They have standards that need to be met just
like us and if the car doe's not meet it it fails, just like having a
medical with set standards. 
Lets get out of cloud cuckoo land and give clients valued opinions, we
should not sit on the fence and look like nodding donkey's. We get
called by HR and manager's alike at times for saying someone is capable
of some kind of role that they have to adapt, and I have heard and been
asked from these "what's the point sending them to OH" is it any wonder
why new blood and more demand for OH services is unavailable, we are at
many sites for statutory requirements and a luxury item than a
professional service. 

Well that's my soap box stance, can sit back and wait for the bullets. 
    
David Hallam 
RN1, OHND, B.Med.Sci(Hons) 
Specialist Occupational Health Nurse Practitioner 




From:        Susan Gorton <[log in to unmask]> 
To:        [log in to unmask] 
Date:        27/03/2012 10:03 
Subject:        Re: [OCC-HEALTH] Job Offer subject to satisfactory
medical 
Sent by:        [log in to unmask] 

________________________________




I think that it may be wiser to say 'Fit for some work not involving
driving a HGV' or they might think you don't know the DVLA
requirements.... 
  
We say this a lot with surgeons who don't provide the correct Dept of
health evidence. They are 'fit for any work not involving EPP' (surgery
in other words) 
  
Up to them to find them other work, or not as the case may be 
  
Susan Gorton | OH Nurse Manager | Occupational Health Department | Great
Ormond Street Hospital NHS Trust | Level 3, Ormond House, 26-27 Boswell
St., London WC1N 3JZ |020 7450 9200 Ext 0247 | DD to OHD 020 78138554 |
Direct Fax 020 78138355 | Mobile 07833294568 


Please be advised that all e-mail communication relevant to assisting in
the management of the OH process will be printed and entered into the
individual's OH file or copied and added as an electronic note on their
electronic OH record. This may therefore be disclosed under the Data
Protection Act (1998).


  
  
From: [log in to unmask] [mailto:[log in to unmask]
<mailto:[log in to unmask]> ] On Behalf Of [log in to unmask]
Sent: 27 March 2012 09:22
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Job Offer subject to satisfactory medical 
  
I agree Ann, 
so Dawn when you get a HGV driver apply for a job with, 
uncontrolled hypertension, BMI 38, cataract problems, unstable diabetes
and epilepsy, we can say "Fit for role with the following restrictions"
should avoid driving any HGV 
Now it's up to you HR and Manager. 

 
David Hallam 
RN1, OHND, B.Med.Sci(Hons) 
Specialist Occupational Health Nurse Practitioner 




From:        Anna <[log in to unmask]
<mailto:[log in to unmask]> > 
To:        [log in to unmask] <mailto:[log in to unmask]>

Date:        23/03/2012 13:58 
Subject:        Re: [OCC-HEALTH] Job Offer subject to satisfactory
medical 
Sent by:        [log in to unmask]
<mailto:[log in to unmask]>  

 

________________________________





Hi

I would suggest no. As it not OH role to exclude someone from a job. Our

role is to be one of the advisors who offer opinion on the adjustments
that 
could be made to enable the individual to do the job to the best of
their 
ability. It is then up to management and HR to decide if the adjustments
are 
able to reasonably be put in place. So the term "medically fit" I would 
argue does not really suit this and should be changed to "are
adjustments 
needed or not" and "does the EqA apply".

Anna Harrington
Specialist Community Public Health Nurse (Occupational Health)
www.harringtonenterprises.co.uk
07816212836
----- Original Message ----- 
From: "Dawn V" <[log in to unmask] <mailto:[log in to unmask]> >
To: <[log in to unmask] <mailto:[log in to unmask]> >
Sent: Friday, March 23, 2012 1:40 PM
Subject: [OCC-HEALTH] Job Offer subject to satisfactory medical


Dear Wise and Wisdom,

I have been given a question which is-

Can you offer a job subject to a being cleared as medical fit. In other 
words is that legal?

My view was yes as if a person has some health issue that could be 
exacerbated or aggravated by the role the would not be fit....

Over to you all for your view. But some evidence to support your answer 
would be ideal pretty please on a Friday afternoon.

Tas all

Dawn

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