SOCIETY OF OCCUPATIONAL MEDICINE

GUIDELINES FOR OCCUPATIONAL PHYSICIANS ON THE

DISABILITY DISCRIMINATION ACT 1995


Index

- Organisational Arrangements
- Confidentiality & Communicating Advice
- Contract Staff
- Interaction with other Legislation

  • Job Requirements (new web page)
  • Assessment of Fitness for Work

  • - Pre-employment health assessment
    - Functional capacity assessment
    - Standardised measures of functional capacity
    - Progressive Conditions
    - Psychological and cognitive assessment
    - Risk assessment
    - Effects of treatment
    - Differences between recruitment and retention of staff
    - Summary

  • Reasonable adjustment (new web page)

  • - Adjustment
    - Determining what is reasonable
    - Confidentiality and Record Keeping
    - Health and Safety requirements
    - Termination of Employment

  • Sources of advice and assistance (new web page)
  • References

Preface

This document represents the views of a working group set up by the Council of the Society of Occupational Medicine. The working group consulted widely but makes no assumption that its conclusions represent the view of all members of the Society. The guidelines contained in this document have been endorsed by council as representing good practice at the time of publication.

Each section of the guidelines is written in a form that can be read independently of the other sections. There may therefore be some repetition of important points. The Disability Discrimination Act 1995(1) is abbreviated to "the Act" in the text of this document.

The guidelines should help to inform the practice of all doctors practising occupational medicine. Those with no specialist training or qualifications are encouraged t1o seek advice from specialist colleagues, professional bodies or defence unions when in doubt about the implications of the Act for their practice.


Membership of the Working Group

Dr A B Stevens, MD, MRCP, FFOM, (Chairman).

Dr D M Baxendine, BA, MB, ChB, CIH, FFOM.

Dr K Holland-Elliott, MB, MFOM, MRCGP, MIOSH, LLB (Hons). Barrister.

Dr R V Johnston, MB, ChB, FRCP(GL), DAv Med, MFOM.

Dr A J Scott, MB, ChB, MRCP, MFOM.

Dr D H Wright, CBE, MB, BS, MSc, MFOM.


Acknowledgements

The Working Group wish to acknowledge the important contribution of several individuals, without whose expertise the guidelines could not have been completed.

Mrs Diana Kloss, Barrister, Senior Lecturer, Faculty of Law, University of Manchester provided legal and editorial advice.

Ms Diana Landymore, Vocational Assessment and Rehabilitation Consultant, advised on functional capacity assessment and job analysis.

Ms Susan Scott-Parker, Chief Executive, Employers’ Forum on Disability, commented on the guidance and provided access to the Forum’s Resource Directory.

Dr Andy Slovak, when President of the Society of Occupational Medicine, had the foresight to establish the Working Group and Dr Susan Robson, his successor as President, committed substantial time and energy into ensuring the completion of this document. To these individuals, and others who kindly commented on the guidelines, the Working Group is grateful.


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