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Reasonable adjustments, Occ Health, chairs/desks.footstools etc

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  • Reasonable adjustments, Occ Health, chairs/desks.footstools etc

    I have a dispute with my employer, I sent in a letter of grievance yesterday, but I would like some advice please.

    In 2010 I had a OH assessment which determined I needed a different chair partly due to my disability. This chair (Chair 1 : http://www.seatingvfm.com/index.php?...roducts_id=221) was ordered and I used it until Jan/Feb 2013 after I had a further OH assessment in December 2012 after my condition deteriorated and I started to have some back/neck/shoulder pain.

    The OHA said in their report that Chair 1 was unsuitable as it offered little back support, the back was not adjustable, the seat pan was too large and was digging into the back of my legs (this can apparently cause thrombosis) and it wouldn't be suitable for use with my specialist leg rest (this one: http://www.backcentre.co.uk/ergonomi...ed-legrest.htm)

    Therefore the OHA suggested that chair 2, based on my measurements would be more suitable. (This is chair 2 http://www.officeneedsonline.co.uk/u...r/171185614/8/)

    Unfortunately as there is no way to trial the chairs before using them here is no way to tell of the OHA's suggestion is right/wrong.

    I got Chair 2 in Jan/Feb 2013 and persisted with it as long as I could but eventually I had to concede defeat as it was causing severe back pain and in August I had another OHA assessment where it was found that the seat was not long deep enough for me and was not supporting me correctly, hence the back pain.

    I explained to the OHA in the meeting that I had already used Chair 1 and explained how it was unsuitable and gave her a copy of the December 2012 assessment.

    The problem is that in the first instance the OHA can only suggest from a range of 4 chairs which the employers supplier provides, and the only chair that is large enough is Chair 1 (I'm only 18st but I have quite long legs, I'm over 6ft tall, so need a chair with a deep seat pan). After that a further referral needs to be submitted for a specialist assessor to come in who can give advice on a larger range of chairs outside of the employers usual supplier.

    Despite the fact that Chair 1 has already been deemed unsuitable, the latest OHA has put in her report that she suggests ordering that same chair for me.

    I have made my case to my employer but the person in charge of their health/safety/wellbeing team has said I must have that chair and has cancelled the specialist assessment referral that my team leader sent.

    I simply cannot understand their thinking on this matter. The chair costs over £400 from their supplier and it's a complete waste of time and money (Public money as it's a Gov department) ordering it

    I've submitted a grievance to the employer stating that I disagree that this chair should be forced onto me and have suggested that this is a case of disability discrimination on the grounds of failure to provide suitable reasonable adjustments.

    I suggested contacting access to work to come in and do an independant workplace assessment but so far this has been refused. They say that the OHA is a trained and competent person and so there is no reason to not accept her opinions.

    Any help on this subject appreciated.
    Tags: None

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