B1.2Management of Return to work

Question 1

What is the Bio-psychosocial model

Answer 1

Its a model that considers ill health more than simply a case of medical disease, it considers the person their health problem and their social context. Individuals are affected by external factors, such as home/ financial responsibilities, relationships and social interaction with colleagues.

Question 2

What are the groups that form the bio-psychosocial model and their meanings

Answer 2

Biological - refers to physical or mental health condition

Psychological - The personal or Psychological factors that influence function, behaviours, beliefs, coping strategies, emotions and distress

Social Aspects - recognises the importance of social interaction and relationships, the workplace & society

Question 3

Explain what is the main purpose of the Equality act and how it relates to H&S

Answer 3

The equality acts protects people with disabilities from discrimination, during recruitment, selection, promotion employment & dismissal.
Employees suffering from various forms of ill health will be protected under the act

Question 4

Define what the equality act means by a disabled person

Answer 4

a person to have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities.

Question 5

Give example of Occupational Health or ill conditions that are covered within the act

Answer 5

• sensory affecting sight or hearing
• Impairments with fluctuating recurring effects i.e epilepsy
• Progressive - such as motor neurone diseases
• Organ-specific including respiratory diseases - Asthma
• Mental health conditions such as post traumatic stress disorder
• Mental illness such as depression

Question 6

Explain the limitations of pre-employment health checks under the equality act

Answer 6

The act limits the extent to which disability and health questions may be asked during the selection & recruitment process unless:

• reasonable adjustments are necessary (i.e access & egress for people that have been selected for interview
• Decide if an applicant can do the job because the job requires health or fitness requirements i.e working in a confined sace
• monitor diversity amongst people making applications
• take positive actions to assist disabled people through the section and recruitment process.

Question 7

Define the meaning of Reasonable adjustments in the workplace under the Equality act

Answer 7

The act requires employers to make reasonable adjustments to avoid disabled persons being put at a disadvantage compared to a non disabled person. examples include:

• providing recruitment literature in large print
• hold interviews in a wheelchair -accessible room
• allowing guide dogs into the workplace
• Purchase specialist equipment i.e ergonomic chair
• discounting disability related sickness leave for the purpose of absence Mg.
• provide additional supervisory guidance/support
• include disable parking space in car park
• Allow different start and finish times

Question 8

What does it mean “ the question of reasonable adjustment” is an objective one

Answer 8

it does not mean the employer must comply with every requirement asked by the disabled person. The employer must demonstrate the request to be reasonable and avoid disadvantage of the disabled worker. I.e request to build a ramp where the cost is high and alternative mobile ramp will sufficed the request.

Question 9

Explain factors in which the employer can lawfully decline the request

Answer 9

Factors such as costs, practicability of making an adjustment and the resources available will have to be taken into consideration. The employer will need to be able to justify in the employment tribunal all this factors and will be the judge to make such decision.

Question 10

Enforcement and complaints

Answer 10

Employees that feel they may have been discriminated can make a complaint directly to the employer/organisation. If the matter cannot be resolved they may make use of an arbitrated service such as ACAS ( advisory conciliation and arbitration service). Ultimately the employee can make a claim to the employment tribunal within 3 months of the issue arising.

Question 11

The power of Employment tribunals

Answer 11

Employment tribunals have the power to award compensation, order the employers to make reasonable adjustment or order the employee to re-employee the claimant

Question 12

Outline the relationship between H&S and disability legislation

Answer 12

both legislation should work together to increase the employ-ability and retention of disabled people at work. However there will be areas where H&S takes precedence over protection against disability discrimination i,e a person with active epilepsy could not be employed to work as a bus driver or confined spaces
H&S leg. places a duty of care on employers to protect all workers from foreseeable harm which may occasionally raise conflicts between H&S & discrimination Legislation however this is very unlikely.

Question 13

Outline fitness to work standards

Answer 13

fitness to work standards are defined levels of health and fitness that are used to determined whether a worker is capable of carrying out work safely and prevent unacceptable risk to workers (example employee suffering from heat conditions working at height where there is a greater risk of falling). There is a legal duty on the employer to undertake fitness to work standards established under statue law i.e statutory medical for large Vehicle requiring before obtaining a license followed by five-early re-assessment from age 45 onwards. Similar fro train drivers, commercial pilots etc. Other cases there is no specific statutory duty on employers however it outlines in the HSAWA 74 & MHSWR99.

Question 14

Outline Occupations requiring specific fitness standards

Answer 14

• Vehicle driving (FLT, HGV, cranes, buses, trains etc.
  -Working with dangerous machinery
  -Working at Heights
  -working in confined spaces
  Emergency service workers
  -night shift workers
  -divers

Question 15

Outline factors to be considered to ensure worker is fit to work

Answer 15

• individuals limitations, reducing or preventing them from performing a task, (i.e heart condition inhibiting WAT
• there condition being made worse (heart conditions exacerbated by physical work
• their condition making certain jobs unsafe (potential loss of consciousness and WAT)
• underlay condition compromising emergency rescue of individuals or colleagues ( emergency rescue in remote areas such as off-shore

Question 16

fitness to work standards assessment

Answer 16

Employers will established a fitness to work standards based on statue law or good practice and have their employees assessed against in order to ensure their level of fitness is acceptable for the work being completed

Question 17

Pre-Placement Health assessment facts

Answer 17

• conducted by a health professional as part of risk assessment
• usually only after a job offers has been made
• Can be completed by either or both pre-screening questionnaire or medical examination

Question 18

Outline requirement for a medical examination pre-placement Health Assessment

Answer 18

• pre-screening has indicated a problem requiring further investigation
• its a statutory requirement or specific medical standards (i.e drivers)
• A base line is required because employees exposure to hazards (i.e noise levels, respiratory sensitises, radiation

Question 19

Outline reasons for Pre-placement health assessment

Answer 19

• ensure employees are medical fit to fulfil the work
• consider reasonable adjustments that could be made to assist the person on their role
• Assess whether the job may adversely affect the new employee and whether extra precautions are required
• provide a record of health information as a base line for comparison before work begins (i.e hearing test before work commenced in a high noise environment

Question 20

outline the 3 category results of pre-placement assessment

Answer 20

• fit - there are no health or fitness problems
• unfit - the person has a health or fitness problem which will prevent them doing the job to the standard required
• Provisionally fit - a health or fitness issue has been identified that could prevent the person carry the work, however a further observation of worker carrying the work is required to reach a final decision. Probationary period of work may be offered with further assessment.

Question 21

Outline fit note

Answer 21

Fit note is a medical statement issued by a doctor for the fitness of the employee. the statement is issued if an employee is absent from work through injury or health for more than 7 days.

is used by the employer as proof of sickness and sick pay and benefits.

Question 22

Outline the Fit notesopetions

Answer 22

Not fit to work - ill health condition assessed by doctor that inhibits worker to return to work

May be fit to work taking into account the following advise.
-phase return to work
-altered hours
-amended duties
-workplace adaptions
other comments will be made regarding these options

Question 23

Outline the mean of short term absence and long term absence

Answer 23

short terms absence is where an employee is repeatedly absent for short period of time. This can bring disruption to the organisation and workers performance;

long term absence - is long term sick which is easily manageable by the organisation. The employer is able to cover more easily and plan return-to work phase

Question 24

outline the systematic approach of managing short term absence

Answer 24

• Proactive application of the policy - establish a policy bring to managers attention and ensure procedure are followed
• return to work interview - to establish reason for absence, asses if the reason is consistent with reliable evidence and discuss any doubts and allow employee to explain reasons
• procedure to deal with unacceptable absence levels or breach of policy
• use of trigger mechanism to review attendance - identify hot spots that can be investigated. factors used:
  
  • duration -10 days- trigger review;
  • frequency - number of times off in given period (3 periods in six month or six days in 3 months)
  • patterns of absence - based around days of week (Friday Monday, bank holidays, school holidays
• early involvement of Occupational health professionals - assessment to verify it coincide with medical condition or identify other factors.

Question 25

Outline key elements of managing Long terms sickness absence

Answer 25

• Identification and Initial enquiries - normally by HR or OCC health and should undertake within 2-6 weeks
  keeping contact with individual
  -detail assessment by specialists - employer may opt to pay for special assessment i.e spinal assessment
  -Heath occupational or rehabilitation inetrventions
  -return to work interview and phase
  -Planning undertaking use of professional advise
  -Agreeing

Question 26

Outline the meaning of vocational rehabilitation

Answer 26

vocational rehabilitation is whatever helps someone with a health problem stay at, return to and remain at work.
there is a growing evidence that health, work and well being are closely connected and it contributes to peoples health, it helps people with health conditions to get better.

Question 27

outline the benefits of vocational rehabilitation

Answer 27

employers benefits:

• decrease of absent and increase in productivity
• Better morale if employees feel they are cared for and perform better
• reduces the loss of experience staff and the cost of retraining
• Organisations known to care for their employees attract better workers and enhance reputation

Employees benefits:

• Better physical health
• better mental health
• increase financial security

Question 28

Explain how the bio-psychosocial model fits with the rehabilitation

Answer 28

using the bi-psychosocial model can help identify barriers to the rehabilitation of a worker back into work by:
Biological barriers - physical disease, ill health conditions, disability or mental health that the worker may have be suffering i.e musculoskeletal, anxiety or depression, etc can restrict the type of work the worker can safely perform
Psychosocial barriers - this relates to barriers the employee have to overcome following long term absence from work i.e how their colleagues will feel of them not being able to do the task fully due to restrictions on working hours or work.
Social barriers - that may imposed by the work and environment, such as access to and from work, workstation design, sanitary organisation.

Vocal rehabilitation will need to take all in consideration and help employers overcome such barriers.

Question 29

outline the role of risk assessment in the return to work of an employee following ill health

Answer 29

prior employee returning to work it may be necessary to review or undertake a Risk assessment to ensure the safety of the employee is not compromised and risks are controlled and properly managed.

The MHSAW reg 99 places a duty o employers to carry a suitable and sufficient assessment of risks to both employees and non-employees. it is advisable to involve the worker as the best person to identify hazards risks and identify reasonable adjustments

The Regulatory reform (fire safety) order places a requirement on employers to make evacuation plans for disabled person identifying the support that may be required to be given in event of evacuation