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? 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