KC and Employment

[ConcernedRelative]

Hi there,
A family member has this condition and has recently started wearing a hard contact lens. They were signed off work for a month at this time, and have subsequently returned to work.

On the basis of the medical report the company they are working for has suggested it will not be liable for anything which may happen at work (the person works in a potentially dusty environment) as a result of the condition and they will no longer employ the person.

I wonder if anyone has any comments or suggestions how to deal with this - the person is very keen to keep working and not at all keen to take disability benefit as they have family committments and very much enjoy their job.

Thank you,
Concerned Relative

[jayuk]

Hmmm If this IS the case, than you have a very serious situation on your hands..or rather the company has!..They cannot Sack this person on the basis of him/her wearing contact lenses in a dusty environment!

There are procedures to follow.......can you eloborate on the sequence of events? from him/her being diagnosed, to informing his employers, to the current situ?

[ConcernedRelative]

JayUK,

I think they propose to terminate employment on health grounds rather than sack this person.

The person was diagnosed a couple of years ago and the condition monitored. This summer they started wearing the contact lens (one eye only) and were off work for a month until it settled in.

As far as I understand a doctor wrote a report explaining the 1 month absence, and recommending measures be taken to prevent dust geting into the eye as it could cause blindness. The company ruled that since they were not able to provide goggles which were airtight, they were not happy about this person working in this job.

We are not yet sure whether they will offer severence pay or offer the person a 'desk job' (which I know this person will not be happy doing).

They will have a further discussion with the employers next week and I wanted to help arm the person with as much info as possible before they go.

Hope this helps a bit,
CR

[jayuk]

Jeeez this sounds a good case !

Have you consulted anyone on this? as from what you have said, this is in breach of a number of employment laws.

Depending on what this person does as a job; its extremely rare that a company would terminate employment on the premise which you have said. The fact he/she has a contact is one eye, and I am assuming can see normal through the other, AND can perform the role goes in his/her favour.

The general steps a company would take are

a) allow the individual to have the current working env to perform the role
b) aid the individual in any reasonable manner via the procurement off work-aids etc for the individual to perform the job (monitors, etc)
c) offer the individual an alternative role, without pay cut
d) come to a mutual understanding and offer a severence pay

By not providing goggles they have already broken one of them anyway! However thats a very small part of the equation. Is this a large company they work for?

Can this individual perform his/her role as before?.....what are the implications of this person getting dust in her eyes?....(Surgeon, working in security forces etc - I could understand would be an issue)

[Sweet]

Hello there!

Just wanted to say that Jay has covered a lot of major points that your relative needs to look into (please excuse the pun!)

I was wondering further to what has been said, that regardless of whether or not you wear lenses, why doesn't the company provide goggles anyway? Normally jobs are liable to undertake risk assessments, and getting dust in your eye is just as much a problem for people without contact lenses as those with!

I am a nurse, have to wear a contact lens to work, and have recently had eye surgery in the other eye. I am therefore required to wear eye protection for any procedure that may propose a risk, e.g. risks of fluid or blood splashes. However nurses without lenses are just as much at risk, and are advised to take the same precautions and wear goggles.

Hoping that this can be cleared up, as i fully understand how sad it would be to lose your job because of your eyesight and having to wear lenses.

Good luck
Sweet X x X

[ConcernedRelative]

Thank you both very much for your advice,

The person works fitting appliances and boilers etc and that sometimes involves ripping up floorboards/pipework etc., hence dust.

The company has told the person that there is no such thing as 'airtight goggles' and as such the risk of dust in the eye is too great.

It is not a case of loss of quality of workmanship, the person can see very well out of the other eye, can still legally drive, can read etc. I think they are worried that they will be liable for sueing (there's no intention to do this - just to keep doing the job) if anything happens at work. Can they force this change?

Thanks again,
CR

[jayuk]

Ok based on your last bit if Information, they (the employers) have put themselves in an extremely vulnerable position!. And as far as eye protection?...You can get safety goggles and you can get other goggles that may look slightly more appealing.........

I think your friend needs to speak with a legal rep to be honest....as this is absolute ridiculous.......I can understand a change of role, etc..but in this instance your friend can drive, functon, and I beleive perform his duties from what you have said.........

[Susan Mason]

Hello

Wish i didn't have to respond to this from personal experience however I do so here goes.

Beware not all employers are understanding when it comes to KC - this may well be because they do not understand it and not in any way that they are being unfair.
However, you have to have your wits about you at all times, often ridiculous comments are passed such as put your glasses back on.

I would suggest a trade union, if available is contacted without delay or a visit back to see the consultant at the hospital, they can sometimes help.
Or try looking at the website for a Charity called 'Action for Blind People'

http://www.afbp.org

They have people working for them who specialise in this sort of case, Employment Awareness Co-ordinators.

As I found out, it is more common than we all think or imagine for a person who develops a visual impairment during their working life to also have the threat of loosing their job.

Who knows why?

Maybe just due to plain ignorance or maybe the easy way out for an employer.

best of luck

Susan

[GarethB]

Goggles to prevent dust entering the eyes do not have to be air tight as such other wise they just fog up.

The company has a legal obligation to provide the corect perpsonal protection equipment (PPE) for any one working in such conditions. Working with floorboards this would be gloves toprevent splinters, safety shoes should a heavy floor board from an old house land on your foot, dust mask to prevent dust inhilation (dust enetring the lungs can cause abrasions and lead to lung desease) and eye protection for all employees to prevent dust from enetring the eyes weather they wear contact lenses or not to prvent corneal scratches which may lead to scaring. Failure to take such measures is a breach of the Health & Safety at Work Act.

The company I work for has strict procedures stating contact lenses can not be worn in the laboratory due to the micronised powders (smaller than hous hold dust particles!) and chemicals we work with. My employers have not changed the procedure, but carried out a deteailed Environmental Health and Safety Risk Assesment (EHSR) to determine if anything else could be done to allow me to do my normal job. Due to the rarity of the condition, the EHSR had to be done with my input, the result of which was that for work where there was no exposure to micronised powders and where solutions were being poured and not dispenssed, normal safty glasses would be appropriate. The ones I use are designed for out door use and dusty environments work extremely well and 18 months on a repeat EHSR showed the recomendations were still satisfactory.

For the situations where I would be exposed to large amount of micronised material and where solutions are dispensed from squeezy bottles when we wash equipment box goggles would be satisfactory. The ones I use have gauze filters each side top and bottom. I use these at home when I am working on the underside of my cars or sanding the walls to get ready for decorating. I have a packet of glasses wipes near by brom Kleeneze so that I can periodically wipe of the dust and still see.

I also use the wipes after I have washed my hands at the end of a job to wipe my glasses/goggles and face to prevent any dust build up on them being disturbed and getting into my eyes.

If the company still reagrds such work un safe, they must then be able to demonstrate that they have done everything in their power to find alternative work within the company. Access to work which is available through your local job centre can also help. This is especially ehlpful for small companies. This is because the government will fund part of any changes that may be necessary to allow an individual with a disability (which KC is) to do a normal job.

Hope this helps, I have had KC for 20 years and always worked in dusty and some may say extremely dangerous environments and I have always found a way to overcome the KC.

Regards

Gareth

P.S. I am also the departmental safety rep for the company I work for

[ConcernedRelative]

Thank you all so much, this is all very helpful. I will pass on the comments asap.