To think DPs employer is behaving illegally

[Everythingnotsaved]

DP got signed off work 2 weeks ago with RSI caused by using machinery in work. He’s kind of better but doesn’t get sick pay so the doctor has said he’s ok to go back if he sees occupational health.

His work is saying they don’t have an occupational health dept and if he can’t do the job, he can’t come back & so are trying to force him to stay off.

Aibu to think it’s not legal? We are really confused about what’s right and what isn’t

It is dodgy as fuck. The GP is not an occupational health Dr, and may easily mistake RSI when it could be carpal tunnel or hand-arm vibration syndrome.

HAVS is entirely possible from that kind of equipment. Get him to phone the HSE to talk him through what can be done.

Ask his employer for their vibration risk assessment and what the daily limit is on using that equipment - I bet they haven't done any calculations.

Give me the name / model of equipment and I'll do the calculations now! (I do this kind of thing for a living)

They won’t do a risk assessment either

Then you should report to the HSE. This is standard practice for using machinery.

Agree with this.

From what I can gather, they put pressure on him to exceed the daily vibration limit to get the job done but are now saying he shouldn’t have exceeded the daily limit. So it’s ‘you must get the job done even if it means exceeding the limit but it’s nothing to do with us if you do as we put limits on it’ if that makes sense. So he’s being threatened if he doesn’t for the extra mile but also threatened if he does - does that make sense?

Also, should he have to pay for his own occupational health assessment before they let him back as they seem to be saying that? Surely the employer have some duty of care?

Employer seem to be trying to blame DP for being injured from correspondence he’s just had - is this normal? I feel really bad for him as he’s honestly done nothing wrong apart from try to do a good job

Have you/has he spoken to the HSE? That's a good first step.

Yeah, they're full of shit.

Phone HSE.