Firstly well done Ironman; for identifying the shortfalls and getting screening in place. There are many ways to address the situations you have mentioned. Firstly, as you have highlighted occupational health issues you are both morally and legally bound to act on them – you have that guilty knowledge, for want of a better term! In terms of how you act is of course the crux of the matter. Many major contractors have had the same issues over the last few years and have found management styles that suit the business whilst ensuring that recommendations from an occupational health practitioner are implemented. This sounds more like issues within your new company/role and there management approach and style. The reluctance you mention comes from a lack of awareness and now the implication of people losing their jobs, which should not be the case.

Ironman: "To sign a disclaimer of their own volition": I have grave concerns re such a statement! And please read between the lines that I am writing I strongly advise that when U are looking at such activities U get appropriate support [from this site/your local IOSH group] BEFORE bringing in Occ health etc as we do not live in the perfect world and that's were some people come from. Having said BEFORE already it looks like that it is too late for acting BEFORE actions have already been taken as U have opened the can of worms so U may be stuck with it; as some staff may see this as an opportunity to claim, retire on ill-health etc as U cannot simply take away their livelihood without repercussions to the company & possibly themselves. Additionally your company may be open to criminal and civil actions Most people know that this is a very specialist type of work undertaken in 'certain' conditions & situations of which both management, workers and various authorities know all about and even today with the current work climate most people will not work in the conditions that these type of guys are prepaired to work in once the 'black top' is on the road especially so as such teamwork requires some time to get together so new employees may take a time to gain competence and the trust of the rest of the team Step back and re think your plan of action and get more advice. Additionally has the biggest danger to these kind of guys been identified and appropriately managed? Take note of what freelance has said and look to evaluate if such work can be undertaken differently All the above said I am not advocating leaving guys to work in such situations nor to stick your the head in the sand - I am saying 'speak' to people who have extensive experience in this area best of luck Best of luck

I note the health issues as highlighted by the occupational provider, however what isn't clear as to whether the work or work conditions are deleterious to these conditions and likely to exacerbate any chronic condition. As example; Some of the guys may well show signs of HAVS, but is there any recognised exposure from tar laying likely to make that worse ( I can't think of any off hand, more likely WBV from Bomags and the like. Bad back, stiff neck etc. Chronic or not? Caused or compounded by the work? Poor technique, work pacing or poor equipment? Are there tecnological remedies available? (= manual handling assessment) Any medical practitioner would say that we shouldn't lie down to these sort of conditions, so the risk needs to be quantified. Not answering all your questions I know, but I don't believe (on the basis of what you've told us) that there is sufficient quantification to enable you to decide or for us to suggest the next steps!

Thanks for all the responses guys. I wasn't specific due to the numbers and varying degrees of employee conditions. One specifically has stage 3 vibration white finger, spondylosis of the spine and a knee condition. This was apparently known when he was employed in 2005 and he has worked ok ever since. The new caring sharing Occ Health programme carried out a surveillance assessment with recommendations quote" Mr x would benefit from being allocated work that is non repetitive, does not require the use of vibrating tools or operating plant, manual handling, does not require work at height or standing or sitting for extended periods of time" That narrows it down!! As i say, for the last 5 years has been quite happy to be a "boy from the blackstuff" We are now also venturing into the realms of employment law as he is at home on full pay pending further medical assessment and advice. AndyM