Belfast Psoriasis sufferer loses paramedic job afters disease is adjudged a hazard

[MikeK]

Safety first
Psoriasis sufferer loses paramedic job afters disease is adjudged a hazard

By Stephen Gordon

19 November 2006
A man who suffers from the skin disease psoriasis has failed in a legal battle to show the NI Ambulance Service acted unfairly when it refused him a job.

The psoriasis sufferer lost his chance to become an emergency ambulance worker following warnings from a doctor at the Royal Victoria Hospital that his skin condition would pose a hazard to himself and patients.

The doctor warned his severe psoriasis could lead to the spread of MRSA and put the man at possible risk of blood infections including HIV.

The Court of Appeal in Belfast last week rejected a claim by the man that Ambulance chiefs had breached the Disability Discrimination Act in refusing him a job.

Lord Chief Justice Sir Brian Kerr dismissed claims he had been refused a post because of a facial disfigurement that resulted from psoriasis.

Sir Brian upheld an earlier ruling by an industrial tribunal in favour of the Ambulance Service.

Psoriasis is a skin ailment affecting two to three per cent of the population and it appears as raised red patches of skin covered with silvery scales.

The Court of Appeal was told that in 2001 the claimant successfully applied for the post of emergency ambulance person.

But in February 2002 he attended a pre-employment medical with Dr Martin Tohill at the RVH.

Dr Tohill found he was unfit for the post because he suffered from such severe psoriasis.

The doctor said exposure to allergens or irritants - including latex - in the course of employment could aggravate the man's condition.

He also gave an MRSA warning, saying: "There would be a cross-infection hazard for patients (especially of wounds) due to the colonisation of abnormal skin, which sheds more skin cells, by bacteria."

Dr Tohill also highlighted dangers to the job applicant of blood-borne infections like hepatitis A and B or HIV, saying there would be a substantially increased risk of infection by the penetration of microbiological agents through broken skin.

Dismissing the man's appeal, Sir Brian said: "It is clear that the differential treatment of the appellant did not arise as a result of his disfigurement.

"He was not employed because it was judged that he was at risk of infection and that his condition carried the danger that he would infect others.

"These considerations have nothing to with his being disfigured."

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[ct69646]

I think that this judgement has inadvertedly hurt the psoriasis community. The judges made the decision based on the fact that the firing had nothing to do with his disfigurement. Yes the disfigurement was a result of the psoriasis but it still was not his arguement. Granted I do see how this could be a difficult job for him and maybe he would be more suceptable to germs but its not like he is going to spread psoriasis to anyone else. And on the other hand. How exactly is him wearing the exact same protective clothing and gloves going to make him suceptable. This is very difficult but somehow I do not think that it will be beneficial for us.

[Gemstar]

It is unfortunate that this man lost his job. As a person who worked in the medical field, I can understand the views of the Ambulance Co. They must look out for their patients and also the health of their employees. Having open wounds, skin irritations, or a weakened immune system does put you, in general, at a much greater risk of other diseases/infections. Direct contact with patients who have communicable diseases, open infections, and the like can put you at high risks for being infected yourself.

I left my job in the medical field because I could no longer work because of psa, especially in my hands and my feet, and fibromyalgia. I probably would have left anyway because I was beginning to realize that with a weakened immune system I was exposing myself to risks that were not worth the monetary compensation.

Surgical gloves and protective gear are not fullproof by any means. I can speak from my own experience in this matter (not based on my p since I did not have active p at the time except on my scalp). As a surgical technologist (scrub nurse), there were numerous times in my 23-year career that I either got minor accidental cuts by a used surgical knife, accidently stabbed with used surgical needles, and even had body secretions, contaminated fluids and blood splaced onto my face and in my eyes. Surgical gloves don't offer much protection. Wearing extra-strength or double gloves aren't much better since they offer a thin barrier of protection especially when you are working in an emergency situation where you don't know what may happen next or know little or nothing about the health of the individual you are treating.

It appears that this employee may well have been exposing himself to risks. Under certain circumstances, depending on the state of his own health, he could be placing others at risk, by being in a vulnerable state of health.
Just like so many companies and corporations these days, no one wants and many cannot afford a possible liability.

As for any disfigurement the man may have had from psoriasis, that to me is the part that sounds judgemental. I may be missing something here. When is a skin disease like psoriasis considered a disease that causes disfigurment to a person. I realize that many people have servere p but to label it as disfiguring?????

I am not an expert on these matters ~ just expressing my opinion for what it is worth. I hope that he finds another well-paying safe job.

As an added note : About 15 years ago, my nephew was discharged from the military when he was in boot camp because he had one small spot of psoriasis on his elbow. The military considered him a possible "liability" at that time. Fortunately, my nephews p has never gotten any worse.....still one spot on his elbow.....but the military felt that the physical and emotional stress of being in the military could exacerbate the p. I don't know if the military has changed there guidlines about psoriasis.