Dear Jacqui
The first concern here must be the safety critical one - for the
employee, others who may be at risk and the whole organisation. It is
for management to follow their own procedures in respect of their Safety
Critical Policy and Procedures - they must have one in what appears to
be a high risk energy environment. The employee needs to comply with the
organisation's procedures and that will normally be an assessment by OH,
if that is what the procedure states - if there is lack of employee
compliance, then Management need to do what they have to do, including
escalation to higher management to have the employee follow procedure
for the greater good. You do mention the potential disastrous
possibilities if concentration is reduced and a distressed employee in a
safety critical role could be very high risk and your 'major safety
issues' really makes a strong statement. Management risk assessment must
be part of their procedures too. But your role is clear - you need a
referral, once you get that, you can decide if the employee is fit or
not, if you are unsure, you need to refer for a medical opinion outside
of the counselling and likely temporarily redeploy until you have
clarity regarding the employee's safe working in high risk environment.
Please find link from HSE:
www.hse.gov.uk/construction/healthrisks/workers.htm
I hope this is a little bit helpful.
Best regards
Catherine Mackay
The issue of Pre-placement is quite clear - any lack of medical clarity
requires further investigation whether On Wed, 20 Jun 2012 21:37:47
+0100, jacqui livock wrote:
> Hi
>
> I have been asked to comment on advice (or perceived lack thereof)
> received by HR from another OH professional. very long case... short
>
> An individual is in a role requiring high levels of concentration.
> individual had been close to tears at work on more than one occasion.
> Managers were concerned spoke to individual - individual had already
> sought private counselling and had started therapy- not sure what. no
> GP input/medication. No sickness absence- wants to be at work. OH
> been
> asked opinion on fitness for work and gave the general advice ...if
> they are upset/tearful then concentration is likely to be somewhat
> affected but refer and advice will be given.
>
> Manager wanted cast iron assurances the individual is fit due to
> nature of job as there are major safety issues.
>
> Individual declined offer of OH as they see counsellor and dont want
> any more support, insists they are fit for work, declare no issues
> with concentration, and gave managers details of counsellor so OH
> could speak to counsellor and confirm the individual is fit for work.
>
> OH refused to give an opinion without meeting individual. individual
> argues that they have never met OH so how would OH they know if
> concentration is affected or personality changed? HR argues that OH
> comment on fitness for work at pre appt stage without face to face
> contact and go on face value of mental health declarations.
>
> OH refused to contact counsellor as counsellor acts for individual
> and
> does not consider business need/implications so will say what
> individual wants to hear.
>
> I always keep in mind the phrase "Mi'Lud" when advising so some
> questions/thoughts which have arisen :-
>
> Can a counsellor who has met someone for the first/second time advise
> on concentration and fitness for work? can an OH professional?
>
> How can OH be certain that a counsellor is qualified to advise on
> fitness for work?
>
> If OH contact the counsellor and directly pass on the counsellors
> opinion will that potentially be deemed as OH advice? should OH
> comment?
>
> If counsellor says person is fit for work....who would be
> "accountable/at fault" if individual has a lapse of concentration and
> this causes an incident (this will not be minor - gas/chemical
> leak/explosion in residential area.)
>
> If major incident occurred and OH know of the managers concerns but
> do
> not advise...where do OH stand? (not literally!)
>
> I know individual has duty of care but in this case, can it be deemed
> as impaired? managers are already concerned, have sought
> advice/support from OH and not had any recommendations.
>
> Who in your opinion is best placed to advise on work ability/fitness
> in this case?
>
> ...over to the collective....
>
> I seem to have lost my life outside work, if anyone finds it can they
> please return it as I would like it back!!!
>
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