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Posted By Delwynne
Purely hypothetical but if an employee is diagnosed with a condition that may impair their ability to work by their own doctor but does not notify their employer, who is liable if they have an accident which the condition contributed to?
I appreciate the employee has a moral and possibly a contractual obligation to notify their employer, but if they don't, how would the employer know? Surely even the best occupational health checks would not pick up everything?
I was interested to know what the forum thought on this one?
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Rank: Guest
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Posted By Frank Cooper
I have found that the use of a pre-employment health questionnaire to be invaluable in this instance. If you ask the prospective applicant to declare previous or existing health conditions and then ask them to sign to say that all of the information is complete and correct, that is about the best you can do.
Previous or existing medical conditions not declared may well come out into the open in the event of litigation following an accident etc. This is where the pre-employment questionnaire comes into it's own!
Frank Cooper
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Rank: Guest
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Posted By Frank Cooper
As an afterthought - the development of a medical condition during employment is different. Employers should ensure that one of the conditions of employment is for the employee to notify the employer in these instances. Failure to do so should result in activating the company discipline procedure.
Frank Cooper
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