Rank: Forum user 
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Hi
I have a situation whereby an employee of a client is refusing to go for health surveillance that has been set up by the employer in order to meet their duties under health and safety.
Is this case of either; we have offered it and if he refuses so as long as we have evidence of this then providing he wears his hearing protection that's all we need to do
or is it essential in order to meet our obligations and a disciplinary issue for refusing to go?
The employee hasn't given a reason for refusal
Anyone had a similar situation or can advise?
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Rank: Super forum user
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Andrew
Although the employee is required by the Noise Regs to co-operate, where the need for health surveillance is identified in a risk assessment, it's best to avoid waving such a big stick; better to explain the justification and seek to gain co-operation by agreement.
If he refuses to co-operate, you should, at the very least, remove himfrom the area where his hearing is at risk.
Depending in your company policies, refusal to co-operate may be a disciplinary matter.
LB
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Rank: Super forum user
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I haven't had this specific situation but it is slightly similar to the staff not docking into the computer screen and using the laptop. I suggest that you make sure that you have all the evidence that he has refused - emails, appointments missed etc and also the management actions taken - it will depend on your HR policy as to whether you go down the disciplinary route and that may not be effective. However I think you should get a full understanding as to why they are refusing and see if through explanation, listening etc you can turn them round. Using this education process we managed to turn 100% non DSE compliance into 98% compliance in 6 months, after about 3 years of just telling and 'nagging'
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Rank: Forum user
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Just point out Section 7 of HSW and remind them of their legal obligation to - (a) to take reasonable care for the health and safety of himself
and
b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.
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Rank: Super forum user
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I have come across several situations like this, I get a number of members of staff sometimes refusing lung function and hearing test...in one case it was because the machine was old..so I would find out the reason before tripping down the disciplinary route which could lead to greater employee stress!! :) (before anyone says it the reference to stress was light hearted)
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Rank: Forum user
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Good point Safe Hanz, from speaking to them further it looks like a wider issue and there is an option in the contract of employment to go down the disciplinary route.
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Rank: Forum user
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We had an operative refuse to undertake an occupational health assessment, not as serious as noise issues i'll grant you so all we did was ask him to sign a disclaimer, which he gladly did.
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Rank: Forum user
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Worth noting that claims for hearing are shooting through the roof
as they are easy to allege and difficult to defend
Our insurance company has said that a number of firms are now
stitching this onto existing claims
my advice would be
removal from any hearing protection area for your own protection (involve HR first)
is this is not possible consultation then disciplinary
under no circumstances would I do a waiver or disclaimer it would have no legal standing
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Rank: Super forum user
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No baseline hearing measurement, no hope of proving hearing loss.
Just explain that you need to establish what his/her hearing is like now, so that any deterioration later can be assessed. Also explain that without the hearing test now any problems later cannot be laid at your door.
You'll probably find that the person already has hearing problems....
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Rank: Forum user
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Difficult scenario.
Answers will range from do nothing - and not be able to defend any claim, or discipline/relocate/dismiss - overreaction.
Personally, I would do all that I reasonably could, explain and educate, take them to the place where the hearing tests are done and let them see what happens (they may for all you know have a phobia about their ears being touched - strange but it exists).
If ultimatley you can't obtain a test, then in my view you now have two options; 1) you must discipline and record on file to demonstrate a lack of co-operation to the employers reasonable request towards their safety, health, and welfare. 2) get advice off your insurer, and ask if this is sufficent for them in terms of defending a claim ( I suspect the answer will be no), and if not then you need to consider relocating or dismissal with support from your HR Department.
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