Binned? Anyone help?

[vikingmma]

hello, to cut a very long story short i have just been effectively binned from the gmfrs after passing the selection process.

i have used inhalers in the past so the occy health sent me to a specialist for a histamine test which i allegedly failed. the specialist said he wanted me to repeat the tests, he said i do not have asthma as such, but there is a 'sensitivity' there whatever that means. he stuck me on a daily inhaler and arranged a further appointment. he seems to think the frs accept people like me if they stick on the inhalers.

i have since been told the occy health has said i am not suitable and therefore will not reccommend me for duties, even though the specialist has not yet concluded.

i am gutted, my question is does anyone on here know of any operational firefighter with asthma or indeed who uses inhalers?

i understand the risks of such conditions when using BA etc, but the days of a blanket ban are supposedly over (DDA 2005), surely an inhaler is a reasonable adjustment if it controls any symptoms?

if there is not any such people serving, then that shows that the 'we dont discriminate' and all that is merely poster talk.

appreciate any input on this, ta.

[nearlythere]

hello, to cut a very long story short i have just been effectively binned from the gmfrs after passing the selection process.

i have used inhalers in the past so the occy health sent me to a specialist for a histamine test which i allegedly failed. the specialist said he wanted me to repeat the tests, he said i do not have asthma as such, but there is a 'sensitivity' there whatever that means. he stuck me on a daily inhaler and arranged a further appointment. he seems to think the frs accept people like me if they stick on the inhalers.

i have since been told the occy health has said i am not suitable and therefore will not reccommend me for duties, even though the specialist has not yet concluded.

i am gutted, my question is does anyone on here know of any operational firefighter with asthma or indeed who uses inhalers?

i understand the risks of such conditions when using BA etc, but the days of a blanket ban are supposedly over (DDA 2005), surely an inhaler is a reasonable adjustment if it controls any symptoms?

if there is not any such people serving, then that shows that the 'we dont discriminate' and all that is merely poster talk.

appreciate any input on this, ta.

Sympathise with you, but being Devil's Advocate, how does the F&RS provide a reasonable adjustment with regards to using an inhaler whilst wearing a BA set?

[vikingmma]

that would pose a serious problem granted, but this inhaler is a preventer that is taken each day to stop anything untoward happening in the first place, so the need for any 'emergency' inhaler treatment is elimanated, i.e. when using BA.

[nearlythere]

that would pose a serious problem granted, but this inhaler is a preventer that is taken each day to stop anything untoward happening in the first place, so the need for any 'emergency' inhaler treatment is elimanated, i.e. when using BA.

I would think that if you could show that the use of the preventer would mean your ability to perform the normal duties required of a firefighter would not be affected then you could possibly have an issue under DDA. You are probably best to take proper legal advice on this matter.

[Clevelandfire 3]

Hi Vikingmma

The crooks of it swings on whether or not a contract of employment is in force. If you have been given a contract of employment you have greater rights to pursue the matter under the DDA. if not Im afraid the brigade is a strong position to cast you aside. Do get legal advice at the earliest opportunity. You have my sympathy particularly as you have gone this far and have put a lot of time and effort in during the recruitment stage.

[Clevelandfire 3]

Where has your post gone Davo?

[vikingmma]

i have not had a job offer, it was medical pending and its the 3rd party occupational health advisers who are saying i am not fit for duties. i will seek a bit of legal advice, would have thought the DDA covers recruitment as well as employment.

seeing as nobody has mentioned knowing of a firefighter who uses inhalers i think i'm flogging a dead horse so to speak.

just wish they would put something in the literature, been hanging on for 8 months now, what a waste of time and effort.

if I have 'some sensitivity', and don't normally use inhalers then an asthmatic has no chance, why can't they make this known instead of keeping folk hanging on?

[Clevelandfire 3]

Vikingmma

I totally understand your frustrations. A very big dissapointment for you after doing so well to have gotten to this stage.Just don't let those frustrations show to the brigade. Be factual, be polite, ask them to conduct more tests if you can. The DDA does apply to recruitment. Frankly I think the Brigade are being too cautious. But that's just me.I know plenty of asthmatic firefighters, to be fair they only became asthamtic whilst long in the job (and possibly because of the job). Its time to show how much you want to be a firefighter. Appeal to the personnel dept, tell them you are willing to take any test they can throw at you to establish your fitness. Then see what happens.Im afraid at times Brigades can be very misjudged in casting aside certain recruits.

[Kaiser]

I have a question, do you use this inhaler due to allergies or asthma, if it is for asthma, I think you may struggle with your case.  If the inhaler is used because of the symptoms of allergies, then the use of BA is not an effective reason unless you are allergic to the effects of the mask on your face.  Once you breath the air from the cylinder, you are no longer subject to the air in the atmosphere and therefore aren't affected by it.

[vikingmma]

i have been told to use the inhaler simply to see if i pass a histamine test in which you inhale an irritant at differing doses to see how it affects my breathing. this seems more along the lines of allergy testing, my lung function was above average because i am extremely active.
i failed this test first time round and the specialist suggested the preventative medication, he said i do not have asthma.
even though i have a second histamine test arranged, the occy health have told the frs they won't reccommend me. i am just in the process of obtaining the consultants report (another nightmare!) because i think they are not giving me ample chance to prove i am fit.
i have also researched the test, and it should not have been performed anyway; i had a cold (upper respiratory tract infection) over new year and was not 100% when i did the test in january. the guidelines say that 6 weeks is needed inbetween if this is the case because it affects the outcome of the test.
just building my case, i think this will take a while.

the specialist said they are so keen because BA is cold air and can trigger asthma attacks in 'sensetive' people, and also because of the risk of being exposed to irritants?! surely irritants and called 'irritants' because they irritate most people, not just those with asthma etc?!

[nearlythere]

i have been told to use the inhaler simply to see if i pass a histamine test in which you inhale an irritant at differing doses to see how it affects my breathing. this seems more along the lines of allergy testing, my lung function was above average because i am extremely active.
i failed this test first time round and the specialist suggested the preventative medication, he said i do not have asthma.
even though i have a second histamine test arranged, the occy health have told the frs they won't reccommend me. i am just in the process of obtaining the consultants report (another nightmare!) because i think they are not giving me ample chance to prove i am fit.
i have also researched the test, and it should not have been performed anyway; i had a cold (upper respiratory tract infection) over new year and was not 100% when i did the test in january. the guidelines say that 6 weeks is needed inbetween if this is the case because it affects the outcome of the test.
just building my case, i think this will take a while.

the specialist said they are so keen because BA is cold air and can trigger asthma attacks in 'sensetive' people, and also because of the risk of being exposed to irritants?! surely irritants and called 'irritants' because they irritate most people, not just those with asthma etc?!

Bit of bullshot there Viking. I'm not a lawyer but you have been sterotyped which is not permitted under DDA guidelines. There is a document on DDA and the Fire Service which you should try and source. I have seen it but do not have it.

The Disability Rights Commission and The Chief Fire Officers Association have co-operated to produce ‘Guidance for the Fire Service' on the requirements of the Disability Discrimination Act 1995 that affect recruitment and retention of wholetime and retained firefighters.
Downloads of the Guidance are available below:

http://www.equalityhumanrights.com/en/forbusinessesandorganisation/publicauthorities/disabilityequalityd/Pages/Disabilitye.aspx

[Clevelandfire 3]

Vikingmma

I totally understand your frustrations. A very big dissapointment for you after doing so well to have gotten to this stage.Just don't let those frustrations show to the brigade. Be factual, be polite, ask them to conduct more tests if you can. The DDA does apply to recruitment. Frankly I think the Brigade are being too cautious. But that's just me.I know plenty of asthmatic firefighters, to be fair they only became asthamtic whilst long in the job (and possibly because of the job). Its time to show how much you want to be a firefighter. Appeal to the personnel dept, tell them you are willing to take any test they can throw at you to establish your fitness. Then see what happens.Im afraid at times Brigades can be very misjudged in casting aside certain recruits.

Based on what you said I think the brigade are in a really dodgy position. When I joined many moons ago I also attended a medical when I had the flu. The doctor openly admitted that this would affect my overall performance for lung function etc. I think the brigade in question is sailing too close to the wind but please do seek legal advice on this regardless.