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 Epilepsy and driving How the law can work Work-related issues that frequently arise Myths about computer screens Supports for employers For the majority of people with epilepsy, the condition is unlikely to impinge on their working lives. Most people with epilepsy have been able to stabilise their condition through a medical regime and good self-management. Sick leave and accidents at work are no more frequent among people with epilepsy than in other workers.
One of the most common myths is that extra insurance is needed when employing someone with epilepsy. This is not the case. No special insurance is required. At a basic level, employers should ensure that they are covered by public liability insurance and employer’s liability. Premiums are only affected by claims, and there is no evidence to suggest that claims increase by employing someone with epilepsy. Employers should be aware of the implications of current legislation in relation to employment equality. The Act covers areas such as equal pay, access to employment, training, conditions of employment, work experience, promotion and dismissal. The legislation applies to public and private sector employment, training bodies and advertisements for jobs, trade union and professional bodies, full and part-time workers and collective agreements. Discrimination is defined under the Act as “less favourable treatment” and a person is said to be discriminated against if he or she is treated less favourably than another on any of the nine discrimination grounds.
The changes have come about due to amendments to the Road Traffic (Licensing of Drivers) Regulations 2004. These amendments, relate to three main types of seizure: - Nocturnal/sleep seizures. The changes in relation to nocturnal seizures will probably have the most impact. Prior to the amendments, a person who had suffered any kind of seizure within the last year (preceding the date of medical examination) was not allowed to drive, i.e. they had to be seizure-free for at least one year before being allowed to drive. However, the amendments mean that anyone who has had only nocturnal seizures over a period of two years (preceding the date of medical examination) can now be certified by a neurologist to drive. In relation to provoked seizures, anyone who has had a single provoked seizure over six months ago may be certified to drive. For example, if a person had a single provoked seizure in January, but remained seizure-free for the next six months, on examination by a neurologist in July, they could be certified to drive. Anti-epileptic drugs can cause side effects. For example, when a person changes from one type of drug to another, this will almost certainly provoke a seizure. This amendment will affect those who may have a single seizure as a result of some change to their medication. However in all three cases, a certificate is required from a consultant neurologist. How the law can work She filled in an application form and stated she had epilepsy controlled by medication. She was required to have a medical examination and the doctor told the personnel officer by phone of her epilepsy. She was dismissed immediately. The Equality Authority took up the woman’s case. The Labour Court found that there had been no discussion about the company’s concerns with the woman and no safety assessment. Such an assessment could have identified the extent, if any, to which the working environment presented a danger to the woman. Nor, it was found, did the company wait for a written medical report, which stated that the woman’s epilepsy presented no problem for the type of work she was doing. The woman was awarded €19,000 euro for being discriminated against in her employment. Work-related issues that frequently arise 2. What does an employer need to do in the case of a person who has been recently hired and has epilepsy? 3. Are people with epilepsy obliged to disclose the condition to employers? 4. Do people with epilepsy have more absenteeism from work? 5. Can people with epilepsy work with machinery? 6. Are people with epilepsy less productive? 7. What do I do if someone has a seizure at work? The majority of people with epilepsy require no special help to become economically active. However, sometimes epilepsy can present problems in getting and keeping jobs due to misunderstandings about the condition and its implications in the workplace. It is important that when assessing an employee or job applicant that the employer understands some of the basic facts about epilepsy and its possible impact on work performance. It is easy to discriminate against people with epilepsy unintentionally, so it is important to try to avoid this. Myths about computer screens In reality only a small proportion of people with epilepsy have photosensitive epilepsy, ie. are sensitive to flashing/flickering lights. This is most common in children. Therefore the majority of people of working age will not be predisposed to photosensitivity. In Louise’s case, it could be argued that the employer was being over-cautious. However, the employer could request a letter from Louise’s GP which would clarify the issue of photosensitivity as part of her diagnosis. Supports for employers A grant is available towards the cost of making necessary adaptations when employing a person with a disability. Further details are available from the National Disability Resource Centre, 44 North Gt George’s St , Dublin 1. Tel (01) 874 7503. Examples of job accommodation measures include: Support for employers is available from: FÁS IBEC (Irish Business and Employers Confederation) ISME (Irish Small Firms and Medium Enterprises Association) NDA (National Disability Authority) SFA (Small Firms Association) |
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