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New ESA Descriptors.. Help needed

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13 years 10 months ago #42491 by Gordon
Replied by Gordon on topic Re:New ESA Descriptors.. Help needed
micksville

The original proposal document, but not I think the amended on includes the following.

The modern work place requires an individual to remain at their work station long enough to do their job. Whether this requirement be to stand or to sit depends upon the job itself, therefore assessing the ability to do one or other within the same activity is inappropriate. Amalgamating the descriptors facilitates assessment of an individual’s ability to remain at their work station either standing, sitting or a combination of both. In removing the requirement that an individual be able to both stand and sit, the need for a descriptor relating to movement between the two is also negated.

Given that the "moving from one sear to another" has not changed, I would assume that the interpretation in the guides is still valid.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 10 months ago #42497 by micksville
Replied by micksville on topic Re:New ESA Descriptors.. Help needed
I understand where you're coming from with that Gordon- if I have it right they are saying you can remain at a workstation by standing, by sitting or by standing as long as you can then by sitting. In my case as I have issues with both, and am not easliy able to get up from a chair without physical assistance then the "moving from one chair to another" is of particular interest to me. What manner of moving are they referring to? Is it literally getting up and down again or merely shuffling from one seat about six inches next to another seat. That's what i'm getting at as it's all in the wording.

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13 years 10 months ago #42504 by Gordon
Replied by Gordon on topic Re:New ESA Descriptors.. Help needed
micksville

I think the problem is that you are looking for criteria that do not exist.

I've done a quick search and cannot find any case law pertaining to this test, therefore it is down to interpretation and how reasonable it is.

As such, you must look at it in respect to your disablement and make a case based on that. The guides offer suggestions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 10 months ago #42515 by micksville
Replied by micksville on topic Re:New ESA Descriptors.. Help needed
Ok Thanks Gordon. I have a couple of approaches in mind Thanks for the help anyway....

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