Posted By John Harrison What is the legal position if an employee is employed on a process that presents a recognised health risk and refuses to allow a Company Doctor or Nurse to carry out a recognised health monitoring technique e.g. respiratory system check or skin check?

Posted By Paul Leadbetter John The legal position is that section 7 of HASAWA requires employees to co-operate with their employer to enable the employer to meet their statutory obligations. If a risk assessment specifies that health surveillance is necessary, then the employee is obliged to participate. Having said that, invasive techniques for surveillance (such as taking blood samples) should be avoided where possible as there are human rights implications in trying to force these sorts of techniques on an unwilling employee. Paul