OH Service - What is Occupational Health? Legal Aspects Occupational Health function and outcomes

1. OH Service - What is Occupational Health? Legal Aspects Occupational Health function and outcomes Where to go for further information

2. Introduction With rising costs of sickness absence, increasing costs of stress-related illness and litigation and economic pressures of recruitment and retention, the health of individuals at work is vital to the well-being of both employees and organisations.

3. What is Occupational Health? • Occupational Health looks at the influences of health on work performance and of work practices on health. • Across the board OH support defined as encompassing: • -hazard definition • -risk management • -provision of information • -modifying work activities • -providing training on OH related issues • -measuring work-place hazards • -monitoring trends in health

4. Legal Aspects • Health and Safety at Work Act 1974: • · sets out employers duties to employees and public • · outlines employees duties whilst at work • Management of Health and Safety at Work Regulations 1999 • · clarify employer’s role in managing health and safety under 1974 Act

5. OH can improve employee welfare in the following areas · DDA  · Pre-Employment Assessment  · Health Surveillance · Workplace Visits · Stress Management and Counselling  · Health and Safety Training · Health Promotion · Sickness Absence Monitoring 

6. Disability Discrimination Act 1995 -Requires employer not to treat employees/prospective employees who are disabled less favourably than those not disabled -Definition of a person with a disability: “ Someone who has a physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day to day activities”

7. Disability Discrimination Act • -Recognising the disability- clinically recognised illness. • -Reasonable adjustment- work content/work pattern/work equipment • -Legislation on age discrimination 2006 • ·Most litigation based on “no reasonable adjustment” • ·Many workers over 50 years may have some form of disability as covered by DDA

8. Pre-Employment Assessment; • · Type/level dependant on prospective employees’ occupation • · Confidential health questionnaire and follow-up medical report if necessary. • · Specific tests may be necessary • · Identify health problems that could affect ability to do job • · Ensure work is suitable for applicant • - possible restrictions • - adjustments under DDA

9. Possible Pre-Employment outcomes; · Fit for job · Current health issues may affect attendance in short term · Fit for job but health issues may need above average sick leave · Job could adversely affect applicant’s health · Applicant could be a risk to Health and Safety of self/others

10. Stress Management Stress may be defined as: “Imbalance between demands made on an individual and the individual’s perceived ability to cope”

11. Work-Related Stress; - Culture - Demands of job - Control - Role - Relationships - Change - Support Legal aspects - “Foreseeability” - Breach of Duty of Care unlikely if confidential advice offered

12. Stress- what Does it Cost Us? • - 1 in 5 people in UK suffer from high levels of work- related stress • - 13.4 million days lost • - Half a million UK workers affected • - Costs of stress-related absence £7 billion or £310 per employee • - Average spend per employee on prevention £25 • - 1992-1997 stress claims increased by 90%. Costs increasing • - largest growth area for sickness absence- often long term 6-12 months plus

13. Occupational Health involvement -risk assessment of jobs by manager and OH - counselling - selection of/provision of EAP’s - sickness absence management - phased return/work adjustments

14. Sickness Absence Management How Big a Problem? CBI Survey 2002 “Counting the Cost” - 40 million working days lost due to illness/injury - 23 average days lost due to illness/injury 2001-2002 (14 days 1995) - Costs £12 billion annually (£434 per employee)- includes salary, NIC, pension, bonus, temp staff, management time. - 70% costs due to long-term sickness

15. Managing Short Term Absence • CBI Report “Pulling it All Together” 2001 • Showed what works is: • -training line managers • -return to work interviews by MANAGER (OH referral if necessary) • -accurate monitoring by MANAGERS • -written absence policy • -absence trigger points e.g. 4 spells in 12 months or 2 spells in 3 months • MANAGER IS RESPONSIBLE • -advice from/referral to Occupational Health as required

16. Managing Long term Absence • - discover true medical position • -consent form • -OH referral • - GP/Consultant report • - early intervention/contact e.g. if Med. 3 received for 4 weeks • - regular contact by manager • - consult with employee with report (OH/Manager) • - phased return • - change of work patterns/job content/temp alternative work • - permanent alternative work (DDA)

17. Occupational Health Intervention • Has benefits for both employees and companies. • By protecting and promoting health of individuals at work, companies will; • - Keep motivated healthy staff • - Reduce costs of absence and under-productivity • - Comply with legislative requirements and reduce the potential for litigation