Disability Act

[chelseauk]

I was thinking the other day (i do occasionally)

I believe SA is covered by the disability Act and part of that means you can ask your employer to make adjustments. I was wondering what people think might help us - what would you ask for - and i don't think it covers big payrises ! - and has anyone tried ?

The http://www.shaw-trust.org.uk/page/6/92/

website says :-
Reasonable adjustments while in employment:

Giving or arranging training and equipment eg. speech browser software installed onto computer.
Providing a reader or interpreter eg. sign language interpreter for meetings.
Providing supervision eg. support worker.
Acquiring or modifying equipment eg. a specifically designed chair.
Modifying instructions or reference manuals eg. oral instruction may be provided.
Altering working hours eg. a person who takes medication, which has side effects worse in the morning, is allowed to start work later in the day.
Allocating some of the disabled person's duties to another person eg. a librarian cannot return books to high shelving - a colleague assists with this aspect of the work.
Transferring the disabled person to fill an existing vacancy eg. a sales rep has to give up driving. She is transferred to a vacant post requiring computer skills for which she is given training.
Assigning the disabled person to a different place of work eg. allowing home working during a period of rehabilitation.
Allowing absence during working hours for rehabilitation assessment or treatment
Employees may need time off for counselling sessions.
Modifying assessment procedures eg. giving a people longer to complete selection tests.
Adjusting premises eg. the direction in which a door opens is altered for a wheelchair user.

[Sweet Sue]

Hi
How about a padded key board & computer screen?
My husband wouldn't get bruises on his forehead then.
He would really like a reclining chair for after lunch, but then perhapses he would keep the rest of the staff awake.

[Joe McManus]

Very good topic you've raised here and indeed important to consider what can be done and what can't.

I've heard of OSA sufferers who were driving for a living get transfered to a different position within the company until therapy was confirmed to work well. For example, most courier companies will have admin, warehouse and telephone staff with similar levels of education and training.

Others I've heard negotiated flexible working hours around those days that turn out particularly rough/sleepy. Why insist on someone being in at 9 whilst still sleepy and send them home at 5 when wide awake and ready for work?

The most important thing is to know your rights. Bigger companies will have an HR department which can assist with such enquiries. Putting it in writing may help in your defense should they choose to not comply. I'd imagine that smaller companies will be a bigger problem for employees.

There's also a what I believe is a government-led program called "Access to work". I haven't looked into it yet too much but I but believe that if you have to hand in your license because of OSA, this scheme may be able to help you with travel arrangements to work. More info on that one here:

http://www.employment-studies.co.uk/summary/summary.php?id=a2w

It's a good topic for an in-depth blog post and to be added to the FAQ too. Thanks for bringing it up.

[Kipper]

My employer has been very helpful. As I use a car for work, when I lost my licence we had a shuffle round of the workload, and I now have all the town centre to do, on foot, whilst my colleagues do the outlying areas (and get the mileage allowance!). I have a new "briefcase on wheels" affair, to carry paperwork and equipment, so as not to strain my back. I have to travel to work by bus, which means leaving home at 06:15 and getting back at 18:30, but flexitime allows me to arrive at work at 08:30 and leave at 16:15, Monday to Thursday, and stay late Friday to do paperwork, then catch the late bus to the supermarket. I have actually managed to put my hours in credit, unlike when I drove and would not get in till 09:45, and left at 17:00.
As I also have a back problem, I am completing an informal DDR, which will allow me to take paid time off for hospital, chiropractor, etc, and get me a new chair!

[martinb2410]

help with health costs

Hi there everybody

So i read with interest the comments about OSA being a 'possible' disability. Can this be used to get help with health costs-I.E. free dental treatment and eye tests and prescriptions? Has anybody tried to claim them or will I be the first when I pick up the form later today? I always beleive in the phrase-if you dont try, you dont get. But if there is an official way of claiming them, I would appreciate knowing it.

Thanks a lot

[Kipper]

In my earlier post, I mentioned that I had claimed DDR and that my employer was making reasonable allowances. Following a consultation with the Occupational Health doctor, I have been kicked off as I am now, effectively, cured of SA as the CPAP is working. Fortunately, my employer (a local council) also recognises a "social mode" of the DDA, and I am included in that. Unfortunately, I cannot get any benefits (have tried!), as my current situation does not warrant it. Also, getting my bus fares paid was a non-starter "as I was saving money by not using my car". Best I could get was my fares to the clinic - which is in walking distance of my home!

[acebass]

I have been kicked off as I am now, effectively, cured of SA as the CPAP is working.

So if you stopped using CPAP now, how long before your symptoms return!!! you are not cured, CPAP is not a cure, it is an effective treatment granted, but it isn't a cure! (Sorry, just a little rant there....)

[Kipper]

Fully agree! I sometimes have a bad night (aged parent living with me sometimes has "a turn" at night, so any sleep is a non-starter, let alone with CPAP), and spend the day at work in a daze. This is deemed to be a one off relapse, so does not count against my disability status. If I threw away the machine, and went back to sleep walking mode on a daily basis, I would just be banned from driving for work - and probably disciplined for failing to use my treatment, and so voluntarily affecting my performance at work. You cannot win with working for a local authority. Having said that, at least they do respect the social side of DDA and I am still registered as disabled, for work purposes.

[Andysee]

I see you work for a local authority Kipper, so do I. When I was diagnosed I immeadiately informed personnel (human resources to be pc) that my driving licence may be taken away for a short time until the DVLA were sure the CPAP treatment was working. I drive my own car every day while carrying out my duties and told them there would be no problem as my Wife would act as my driver. They said that would not be possible as she would not be insured! After several exchanges of e mail explaining it is also her car, insured for her to drive and that she would not even get out of the car only drive me to appointments they finally said, "we will cross that bridge if we come to it". Well we never got to that bridge as my licence wasn't cancelled. Funny how some authorities interpret insurance. I'm pretty sure I could have continued with a chauffeur.

[paulbooth6]

OSA and the DDA

Has anyone actually got written confirmation that OSA is covered by the DDA. Also has anyone won a case of unfair dismissal etc by proving OSA is covered by the DDA.

Paul