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Q: We have a driver who has worked with us for a long time. He has recently been diagnosed with MS and can no longer drive a large goods vehicle. We are in the process of finding him an alternative role. He has expressed a desire to drive a Fork-Lift Truck, at which we believe he will be more than competent. Is there any legal reason why he cannot do this? Any information would be much appreciated.

Nov 28 2006

Answered by: Peter Done     Ask a question

It is highly unlikely that if this individual is unable/unsafe to drive a large goods vehicle that he would be able to drive a fork-lift truck safely.   You would need to consult an Occupational Health Specialist and be guided by their advice. You should also ask them to consider his suitability for any other jobs you might have – operating dangerous machinery would also seem to be problematic. However the Occupational Health Specialist should be able to advise you along with any reasonable adjustments that might be made also to assist him carry out the job duties.   MS is a disability and therefore all the rules relating to that, especially reasonable adjustments, apply. Consider what he can do rather than what he cannot – that should include re-engineering jobs to see if he could be kept in employment. And if you cannot find full-time work think about part-time.

 
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