MK Occupational Health Ltd - Newsletter Spring 2007
A MEMBER OF THE ASSOCIATION OF GROUP OCCUPATIONAL HEALTH SERVICES
To promote and maintain the health & safety of people at work
Attention Drivers!
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To Big to Work
Employers are anticipating the next focus of employee legislation, following the Government’s 2006 strategy for Health, Work and Wellbeing of Working People
to be Obesity. Already it is estimated that absence from work due to obesity iscosting the economy nearly £2bn each year and this will rise significantly as trends suggest that by 2020, 38% of men and 34% of women will be obese.
The impact on the economy is already tremendous, and employers are rightly concerned that this lifestyle issue will continue to affect their profitability and effectiveness as well as the ability of their workforce to perform their jobs efficiently and safely.
In a recent survey carried out by Personnel Today, 200 UK HR Professionals were asked: “which of two identically qualified applicants, one of normal weight and the other obese, to be hired for a position would you choose? Alarmingly, based solely on the basis of weight, 93% would select those of normal weight person with a third considering obesity as a ‘valid medical reason for not employing a person’. It doesn’t stop at recruitment. In a survey 15% admitted their organisation was less likely to promote an obese member of staff and 12% suggested that obese employees were not suitable for client facing roles. So weight discrimination already exists.
Current legislation regarding discrimination does not specifically deal with obesity. However, employers cannot simply decide to dismiss an employee because of their size and they would be required to prove that the issue of their weight has a negative impact on the business. Lifestyle issues such as obesity are sensitive and the potential hazards and risks to the individual are often better handled through health promotion in the workplace.
Occupational Health and HR should be working together to ensure that any ‘weight discrimination’ does not escalate. Pre-employment health screening, health assessments, surveillance and review coupled with non discriminatory recruitment and selection procedures, absence management policies and internal training programmes can all be effective in addressing obesity in the workplace.
Health and Safety policies and procedures also need to consider obesity. For example forklift trucks have a maximum weight limit for the driver, likewise cherry pickers, so consideration must be given to what would happen if the safety mechanisms were to fail as a result of weight restrictions being exceeded. Health and Safety issues are not confined to manual or warehousing work. Within an office environment the standard office chair will have a weight recommendation and the ergonomics of vehicles are also designed for a specific weight or size bracket. Again with policies that are integrated with Occupational Health and HR, obesity can be successfully addressed.
In management terms, employers have a ‘duty of care’ to their employees. Therefore risk assessments should identify whether there is a potential health risk to an employee who is overweight. With continued screening, assessment and surveillance a business will be well positioned to anticipate any changes in health that may be attributable to work or that interfere with the ability to perform safely.
We may not be far away from specific legislation relating to obesity. Within the Government’s 2006 Strategy for Health, Work and Wellbeing of Working People, it states that they are ‘preparing to raise awareness of the steps both individuals and employers can take to prevent obesity’, confirming that ‘it is expected that businesses will come under increasing pressure to form policies for obese employees’.
Sleeping at the Wheel
Falling asleep at the wheel is thought to cause one in five crashes on motorways and trunk roads. Frighteningly, 19% of male drivers admitted to falling asleep whilst driving, and 34% of drivers who travel more than 20,000 miles a year admitted to falling asleep whilst behind the wheel. Although some of these drivers may be sleepy as a result of pushing themselves too hard, some may be suffering from sleep apnoea.
Sleep apnoea can be split into two categories, Obstructive Sleep Apnoea(OSA) and Central Sleep Apnoea. OSA is the commonest form of sleep apnoea and also the commonest medical cause of excessive daytime sleepiness. People who suffer from OSA suffer interruptions in their breathing while they are sleeping. The
interruptions can last 10 seconds or longer and occur when the muscles around the throat relax too much during sleep. Contributing factors include smoking, evening alcohol and the menopause.
The main symptoms are snoring and severe daytime sleepiness. Sleepiness reduces reaction time, vigilance, alertness and concentration and the quality of decision-making. Anybody suffering badly from sleep apnoea must not drive, even if they are only driving a few miles a day.
If a tired driver causes a death, they can be charged with death by dangerous driving if there is sufficient evidence available. The maximum penalty for death by dangerous driving is 14 years in prison.
Due to their general lifestyle and working conditions, truck drivers seem to be much more susceptible to sleep apnoea. The DVLA has regulations for people who have been diagnosed with sleep apnoea.
- Group 1 licence holders(car/motorcycle) diagnosed with sleep apnoea must stop driving until the symptoms have been controlled and confirmed by medical opinion.
- Group 2 licence holders(LGV) diagnosed with sleep apnoea must stop driving until the symptoms have been controlled, and must have ongoing treatment. Licensing reviews will be carried out regularly, usually annually.
Referral to a sleep unit will be necessary for suspected sufferers of sleep apnoea so that they can be diagnosed and offered treatment. However, some simple measures are worth trying to reduce the causes of mild sleep apnoea:
- Losing weight
- Stopping smoking
- Keeping the nose clear, which may include the use of a nasal spray and sleeping with the head of the bed elevated.
- Reducing or stopping evening alcohol consumption
Source of further information: British Snoring and Sleep Apnoea Association, British Sleep Society, DVLA, Obstructive Sleep Apnoea Online, Health and Safety Executive, Royal Society for the Prevention of Accidents Sleep Apnoea Trust.
Advice for employers
Under the Health and Safety at Work Act, UK companies and organizations are responsible for their employees while they are driving for work purposes. This means that they would be liable for road crashes caused by or involving employees who are suffering from excessive sleepiness.
- Employers should look out for signs of OSA in their drivers, such as a dip in their performance, or the employee falling asleep in a meeting.
- They should raise awareness of sleep disorders among employees by promoting understanding of the symptoms and emphasizing the dangers of driving when tired.
- Employers might also consider developing a screening programme in conjunction with its occupational health service provider and local sleep centre.
- An employee showing signs of OSA, should be referred to the occupational health service provider or advised to visit his GP, who can then refer him to a sleep clinic for assessment.
Employers should be sympathetic in their approach when dealing with potential OSA as the employee may often not wish to admitto a problem for fear of losing their job.
Audiometry
The Control of Noise at Work Regulations 2005 now places a duty on employers to provide health surveillance for all employees who are likely to be exposed to noise. Health surveillance is about putting in place systematic regular and appropriate procedures to detect early signs of work-related ill health and acting on the results.
Health surveillance for noise induced hearing loss (NIHL) usually means regular hearing checks (audiometric testing). Occupational audiometry is a surveillance technique used to detect early damage to hearing resulting from exposure to noise. The link between exposure to noise and hearing damage is long established and occupational deafness could and should be one of the most preventable of workplace diseases.
An audiometric programme usually consists of a baseline audiogram (often part of a pre-employment medical) followed by a second test after one year. Routine screening audiometry then follows, depending on results, at intervals of 1 or 3 years. The purpose of audiometry in the future will be to compare with the previous result and to monitor any changes due to noise, which should not occur if the current ear protection programme is fully effective.
If routine screening audiometry detects changes in the hearing thresholds which are related to noise exposure, then the use of protection by that individual should be questioned. Other hearing losses, unrelated to noise exposure or work, may also be identified and the individual can be referred for an expert opinion. A categorisation scheme has been developed by the HSE to interpret the audiogram and to give guidance as to the appropriate action to take. This scheme replaces that previously endorsed by the HSE guidance note MS26.
The HSE categorisation scheme:
Category 1: Acceptable Hearing Ability. Hearing within normal sex and age limits
Category 2: Mild Hearing Impairment. May indicate developing NIHL.
Category 3: Poor Hearing. Suggests significant NIHL.
Category 4: Rapid Hearing Loss. A reduction in hearing levels within 3 years or less. Such a change could be caused by noise exposure or disease.
Unilateral Hearing Loss: Suggests a problem due to disease or infection
The HSE classification of “normal” and “abnormal” tests are determined against age and sex related tables which allow for general audiometric deterioration over the years. i.e. we are expected to have some hearing loss as we get older and therefore what might be “abnormal” readings for a young person may be “normal” for an older person.
Age Discrimination - Are you past it?
On the 1st October 2006 the Employment Equality (Age) Regulations 2006 came into force. And as the Office of National Statistics estimates that by the year 2020 nearly a third of the workforce will be over 50 there is a need to ensure that policies and procedures accommodate this trend in the workplace.
For employers the regulations are tight, no longer is it acceptable to ‘restrict, harass or deny an individual the opportunities available to others solely due to age’. For example, to decide an individual is not suitable for a position or promotion because they are ‘too old’ amounts to discrimination under the new regulations and an employer will be held responsible.
In summary, the new Regulations impact upon employers as follows:
- Direct and indirect discrimination by employers on the grounds of age will be prohibited in the areas of recruitment, promotion and training;
- The only compulsory retirement age will be 65; This means that an employer cannot ask an employee to retire earlier.
- Employees over 65 will be given the right to claim unfair dismissal and redundancy;
- Employers will be obliged to notify employees at least six months in advance of their retirement date;
- Employers must consider a request by an employee to continue working after age 65;
- However, it may be possible on occasions to objectively justify age discrimination.
If internal workplace policies and procedures have not yet been updated then its time to take action.
Employers should consider working with an HR Specialist to review their:
- equal opportunities policies
- retirement procedures
- training
- promotional opportunities
- employee long service benefits
- entry criteria to retirement benefits
- pension and health schemes
- recruitment policies and interview criteria
- revise the retirement age to not less than 65.
Developing methoda that ensure you recognise individual talent and ensure that you treat employees fairly and equally is not only a positive message but one that makes good business sense as well. Background studies have also shown that, on average, both younger and older people are equally as effective in their jobs and the degree of absenteeism between the two is only slightly different thus suggesting that an individual’s age should not lead to judgements about general health and fitness.
However some employers, typically those operating in a production or industrial environment have raised concerns about the risk factors associated with the natural degenerative changes that occur with age and how they can best identify and manage these issues without discriminating against employees. In this situation, a business would be wise to engage with both an Occupational Health and Human Resources Specialist alongside the Health and Safety Function to address these concerns.
Typically the Occupational Health Practitioner will use their professional knowledge to consider natural degenerative changes that may occur with age, such as:
- Musculoskeletal issues
- Obesity
- Vision
- Cardiovascular issues
- Lung Function
- Memory changes
It is predicted that the new laws will lead to an increase in Employment Tribunal claims, especially as compensation awards in discrimination cases can be unlimited. These can now involve workers of ANY AGE if the alleged victim believes they have been discriminated against in treatment related to recruitment, promotion or training. Taking positive steps to identify risks in your business will help to eradicate potential problems arising and will ensure your workforce remains healthy without the issues of Age Discrimination.
All the members of the Association of Group Occupational Health Services provide a range of Core services directly or indirectly:
- Health and Safety Activities
- Advice line, Seminars and Training
- Health Assessment
- Pre-employment
- Health surveillance (statutory & risk assessed)
- Sickness Absence Management and Referral
- Lifestyle and Executive Medicals
- Counselling
- Access to Other Health Professionals
- Training
- First Aid at Work
- Stress Awareness
- Health Promotion
- Immunisation Programmes
- Other services
- Ergonomics
- Occupational Hygiene
- Toxicology
- Physiotherapy
- Pathology Services
The overriding consideration for you as a company is that the provider is competent in its provision and that they work within the specified legal and professional guidelines. By using an Association company this is assured.
All the members of the Association of Group Occupational Health Services can provide the flexibility to tailor their services to meet your needs as an individual business.