WHY OCCUPATIONAL HEALTH / REASONABLE ADJUSTMENTS
Some employees may have health conditions (physical or mental health ) that means they need supports at work. If your manager or HR refers you to Occupational Health it is for the employer to get a better understanding on how to help a worker manage their wellbeing / health condition and maintain their employment. You do not have to be off on sickness absence for an employee and their union rep to request that the employee be referred to Occupational Health.
- GMB members will be supported with advice and at meetings held under Wellbeing procedures including Occupational health referral / assessment. If you are on long term sickness absence, a manager and HR may want to refer an employee to Occupational Health for advice to see if there are reasonable adjustments that can be recommended to help a worker return to their work or be redeployed to an alternative role within the organisation.
- HR and management may refer an employee to Occupational Health if the employee is too sick to participate in a disciplinary hearing or formal investigation in relation to alleged misconduct at work. The OH assessment will assess whether or not an employee is fit to participate, and if any reasonable adjustments are required to support the employee thorugh the process.
GMB Branch 74 will provide the relevant guidance and information to members who may be unsure on the Occupational Health process and what the employer will use the information and advice from Occupational health assessment for in relation to the individual worker.
If reasonable adjustments have been recommended by Occupational Health (or GP) if operationally feasible and the employer is refusing to implement them, citing “the OH report make recommendations only , and are not enforceable” – GMB members should speak to your GMB workplace rep or branch 74 for advice to see whether the reasonable adjustments being denied is a failure to implement reasonable adjustments or if it is reasonable due to cost or practicality for the employer to refuse to provide the employee with reasonable adjustments recommended by Occupational Health or GP. Refusing to implement reasonable adjustments without good reason could be a potential breach of Equality Act 2010, and might require further guidance on possible disability discrimination by the employer.
If reasonable adjustments are unjustly refused by an employer, then GMB member can discuss with GMB Branch 74 for advice on raising a formal grievance if there are grounds to do one or not.
Its worthwhile for members to be familiar with the organisation’s policies such as:
- Grievance
- Employee Handbook
- Occupational Health
- Reasonable Adjustments / Disability Guide
- Wellbeing / Attendance policy
- Health and Safety Policy
- Discipline and Appeals procedure (if OH referral is to assess whether the employee is fit or not to participate in a formal investigation / disciplinary hearing process).
ACAS have issued some guidance on What is Occupational Health and how it benefits both the employer and employee.
https://www.acas.org.uk/using-occupational-health-at-work/using-occupational-health-to-help-someone-at-work
Occupational health is a type of medical service.
An employer might use occupational health to help them make decisions about:
-
a worker who is struggling with their physical or mental health
-
the right reasonable adjustments for someone who is disabled
-
someone who has been off sick for a long time or is returning to work after sickness absence
-
how to reduce the amount of time people need to take off sick
-
keeping to other health and safety regulations
-
managing risks to mental health, such as too much pressure at work or bullying
Occupational health could be through the employer’s own occupational health service or an outside agency.
It’s a good idea to check if your organisation has an occupational health policy.
This should say:
-
when an occupational health referral or assessment can be made
-
how an occupational health assessment is carried out
-
what both the employer and worker need to do
-
what the next steps are after the occupational health assessment – for example, review whether the adjustments have helped
Smaller organisations might not have an occupational health policy or scheme. In this case, the employer should communicate with both the worker and their doctor. The employer must get permission before contacting the worker’s doctor.
An employer can ask a worker if they’ll agree to an assessment with an occupational health adviser or another qualified professional.
The worker does not have to agree to an occupational health assessment but it can help to:
-
get any support they need to feel better and be able to do their job
-
return to work safely and more quickly
-
avoid their employer making big decisions without important information
-
avoid anything that could cause further health or absence issues
After an assessment, the occupational health adviser must ask for the worker’s permission before sharing it with their employer.
If a doctor carries out the occupational health assessment the employer must inform the worker in writing of their rights.
An occupational health adviser might ask the worker about:
- their health
- any treatment they’re having
- any concerns they have about returning to work
Sometimes the occupational health adviser might need to get more information from the worker’s doctor. In this case, the worker should be told the reason and asked to sign a consent form.
The worker has the right to see the doctor’s report before it is sent to the occupational health adviser.
Whether someone gets paid for attending occupational health appointments should be written in the organisation’s policy, so it’s a good idea to check. If a disabled worker is put at a disadvantage because their employer does not pay for their time, this could be disability discrimination.
Example of using occupational health at work
Kai has a back injury. Their employer asks an occupational health adviser to carry out an assessment.
The assessment says that the worker needs their work chair adjusted. The employer considers this reasonable and arranges the adjustment. This helps Kai work comfortably and avoids making their injury worse.
An occupational health assessment is a useful addition to a fit note or a doctor’s medical report. This is because an occupational health assessment is more focused on:
-
how someone does their job
-
how the job might affect someone’s health
The employer should consider the recommendations of both the occupational health assessment and doctor’s report to help them decide what to do.
If there is any conflicting advice, they should talk with their worker and come to an agreement on the best course of action.
The employer and worker can then plan how to support them and help them return to work wherever possible.
They might agree that the worker needs:
- more time off work
- a referral for an appropriate course of therapy, for example physiotherapy or counselling
- adjustments to their workspace, for example an ergonomic chair
- a phased return to work, for example reduced working hours or lighter duties
Depending on the health issue, the worker’s progress might need to be assessed again before a firm agreement can be made about their return to work or to full duties.
It’s up to the employer to decide whether to put in place the recommendations from the occupational health assessment. Their decision should be informed by the needs of the organisation but also their legal obligations to the worker.
Making reasonable adjustments: The occupational health report might recommend adjustments. By law, employers must make reasonable adjustments when they know, or could reasonably be expected to know, someone is disabled.
An employer does not have to make adjustments that are unreasonable. However, they should still find other ways to support someone. This could include making other adjustments that are reasonable.
Find out more about making reasonable adjustments at work
Keeping information confidential The employer must keep any information they get about a worker confidential. The information should only be available to those who genuinely need access to it. This could include the worker’s line manager and the HR team.
The employer should keep the worker informed of how they’re storing and using the report about their health. The employer should also let their worker know from the start how to withdraw their consent to a report, if they later wish to.
Find out more about disclosure of occupational health information from the Information Commissioner’s Office
Raising a problem about occupational health
If a worker has a problem relating to occupational health, they should raise it with their employer. For example if:
-
they’re unhappy with how occupational health has been used
-
reasonable adjustments have not been made
-
they’re unhappy with how their confidential information has been handled
It’s usually best to raise a problem informally first. They can do this by talking with their employer.
CONTACTING GMB BRANCH 74
Get in touch with GMB Branch 74 if you have any queries about your health and wellbeing / supports needed.Contact Us using this link: https://www.gmbglasgowcity.org.uk/contact-us
Posted: 21