Posted By paul miles
An employee of ours was recently involved in an incident. He maintained that he was deaf in one ear and could not hear a vehicle reversing. We had no idea that he was deaf in one ear, he had not informed any member of the management team or declared it on his medical questionniare when he applied.This condition could have happened after he was employed. My question is under what regulations has he the legal duty to inform us of any medical condition that may affect his ability to work?

Posted By Steve Langston
Regulation 14 Of the Management of Health and Safety at Work Regs 1999. The ACOP points out that employees have certain duties under section 7 of the HSWA but these duties are extended by the above regulation in that:

The employee must report to his employer any work situation which might give rise to a serious or imminent danger to himself or to others if it flows from a work activity.

Being unable to hear vehicles reversing, emergency sirens etc would be classed as breach of the regs.

It is probably esaier to use section 7 of the HSWA.

"take reasonable care of themselves and others..." and "co-operate with the employer..." etc.

Has the employee not followed pre employment medical screening guidelines etc etc

However, the organisation should consider what procedures are in place to tell employees to report health issues. For example as part of your risk assessments do your controls include a procedure for employees to follow if they have a medical condition that may increase risks to them or others in the workplace.

Hope this helps