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Here's how to determine if Kyle's ARVs make him unfit to do dangerous work

by , 13 November 2014
Your employee Kyle recently started ARV treatment and you've noticed he doesn't look his normal self. You're worried his ARVs are making him ill and that he's not fit to do any dangerous work.

Since your business relies on employees working at heights and operating dangerous machinery, this could be a serious problem.

But you can't just remove Kyle from normal duty. After all, that's discrimination.

You need to have a valid reason to remove Kyle from this kind of work.

Here's how you determine if he's unfit to do this work so you can justify your decision to move him to different work...


Do this to determine if Kyle's unfit to do dangerous work

If you want to determine if Kyle can do this kind of work or if he's a danger to himself and other employees, do a thorough risk assessment.
You must make this employee and job specific. Look at all your employees and their jobs. If you see, for example, that Kyle is weaker than his colleagues due to his treatment he could cause an accident. 
When you do this risk assessment, look at:
Kyle's job grading (how dangerous it is);
Man-job specification; and 
Standard operating procedure.
Here's what this risk assessment will help you determine.
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Your risk assessment will determine Kyle's ability to do his work

This risk assessment will help you identify any problems his health may cause in his ability to do his work. For example, have the ARVs reduced his concentration? Does he have dizzy spells? Is he suffering any mental side effects? Have the ARVs had adverse affect on his health and fitness levels?
If your risk assessment finds that his ARV treatment makes him unfit to do dangerous work, you now have due cause to justify moving Kyle to a less dangerous work.

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