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Employee Health a Risk for the Work Place - any mishaps happens, legally company will be responsible - CiteHR

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M Bharath
2

If a contract person is facing health issue, but his nature of work is in a risk area (ex : height work, lifting of hardware materials, maintenance related work), there are no other vacancies to move the particular person from the current department to another department, in this scenario what are the things can do by the employer. If he continues means, unfortunately, any mishaps that happen at his workplace legally company will be responsible, so what is the better solution for the above problem, please.
Thank You

From India, Thane
Dinesh Divekar
7736

Dear M Bharath,
Your post gives a very generic description. What exactly is the health issue? What exactly is the nature of work? The occupational risk can be mitigated by using technological means. For example:
Work at Height: - Provide him with the aluminium ladder. It can be vehicle-mounted also
lifting of hardware materials: - Provide him with forklift or hydra
maintenance related work: - what mind of maintenance work it is and how it impacts health?
If the worker is complaining about a health issue then he may be told to approach the doctor and obtain a fitness certificate. God forbid if any accident happens then you could end up paying the compensation.
Thanks,
Dinesh Divekar

From India, Bangalore
Glidor
628

@Bharath
Generic reply would be : the person should seek another "suitable" employment, if he is not feeling well with present place of working
as mentioned the person is contract person, so the PE has to report the same to contractor
employee has to get in touch with contractor and ask for a suitable other site/ place deputation/ replacement
every job has some type of hazard, even the IT industry workers can get electric shock from their charging points, power plugs,


PRABHAT RANJAN MOHANTY
535

Dear Bharath,

All persons are not fit for work at height, it is mostly due to “Acrophobia” an intense fear of heights. Besides acrophobia, the height sickness is associated with blood pressure, weak heart, pulmonary disfunction, suffer from epilepsy, diabetes, obesity and psychiatric conditions. Therefore, specific health check-up is conducted to access the suitability of the person to work at height.

You should not put the person in that area of work which is exposing threat of an accident owing to his physical fitness/condition after knowing the fact. You call the contractor to change the person as is not fit to work at height.

Please do some brain storming as a welfare measure to assign some other work. If there exist no opportunity then ask the contractor to do the full & final settlement as per norms, prior to full & final settlement take a medical report that the person is not fit for assigned job.

From India, Mumbai
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