If a contract person is facing a health issue, but his nature of work is in a risk area (e.g., height work, lifting of hardware materials, maintenance-related work), and there are no other vacancies to move the particular person from the current department to another department, what can the employer do in this scenario? If he continues, unfortunately, any mishaps that happen at his workplace will legally make the company responsible. What is the better solution for the above problem, please?
Thank you
From India, Thane
Acknowledge(0)
Amend(0)
2Thank you
From India, Thane
Acknowledge(0)Amend(0)
Your post provides a very generic description. What is the specific health issue? What is the nature of the work? Occupational risks can be mitigated by utilizing technological means. For example:
- Work at Height: Provide an aluminum ladder, which can also be vehicle-mounted.
- Lifting of hardware materials: Provide a forklift or hydra.
- Maintenance-related work: Specify the type of maintenance work and its impact on health.
If a worker reports a health issue, advise them to consult a doctor and obtain a fitness certificate. In case of an accident, you may be liable to pay compensation.
Thank you,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
- Work at Height: Provide an aluminum ladder, which can also be vehicle-mounted.
- Lifting of hardware materials: Provide a forklift or hydra.
- Maintenance-related work: Specify the type of maintenance work and its impact on health.
If a worker reports a health issue, advise them to consult a doctor and obtain a fitness certificate. In case of an accident, you may be liable to pay compensation.
Thank you,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Seeking Alternative Employment for Contract Workers
The person should seek another "suitable" employment if they are not feeling well with the present place of working. As mentioned, the person is a contract worker, so the PE has to report the same to the contractor. The employee has to get in touch with the contractor and ask for a suitable site/place deputation or replacement. Every job has some type of hazard; even IT industry workers can get an electric shock from their charging points or power plugs.
Acknowledge(1)
Amend(0)
The person should seek another "suitable" employment if they are not feeling well with the present place of working. As mentioned, the person is a contract worker, so the PE has to report the same to the contractor. The employee has to get in touch with the contractor and ask for a suitable site/place deputation or replacement. Every job has some type of hazard; even IT industry workers can get an electric shock from their charging points or power plugs.
Acknowledge(1)Amend(0)
Dear Bharath,
Understanding Work at Height Suitability
Not all individuals are fit for work at height, primarily due to "acrophobia," an intense fear of heights. Besides acrophobia, height sickness can be associated with blood pressure issues, a weak heart, pulmonary dysfunction, epilepsy, diabetes, obesity, and psychiatric conditions. Therefore, a specific health check-up is conducted to assess a person's suitability for work at height.
Addressing Fitness Concerns
You should not assign a person to an area of work that poses a risk of an accident due to their physical fitness or condition once you are aware of the facts. You should contact the contractor to replace the person who is not fit to work at height.
Alternative Solutions and Final Settlement
Please consider brainstorming as a welfare measure to assign some other work. If no opportunity exists, then ask the contractor to proceed with the full and final settlement as per norms. Before the full and final settlement, obtain a medical report stating that the person is not fit for the assigned job.
From India, Mumbai
Acknowledge(1)Amend(0)
Understanding Work at Height Suitability
Not all individuals are fit for work at height, primarily due to "acrophobia," an intense fear of heights. Besides acrophobia, height sickness can be associated with blood pressure issues, a weak heart, pulmonary dysfunction, epilepsy, diabetes, obesity, and psychiatric conditions. Therefore, a specific health check-up is conducted to assess a person's suitability for work at height.
Addressing Fitness Concerns
You should not assign a person to an area of work that poses a risk of an accident due to their physical fitness or condition once you are aware of the facts. You should contact the contractor to replace the person who is not fit to work at height.
Alternative Solutions and Final Settlement
Please consider brainstorming as a welfare measure to assign some other work. If no opportunity exists, then ask the contractor to proceed with the full and final settlement as per norms. Before the full and final settlement, obtain a medical report stating that the person is not fit for the assigned job.
From India, Mumbai
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Employers Liability for Occupational Health & Safety.pdf
16 Vangonotes HRM - Employee Safety and Health.zip