I am trying to resolve an issue surrounding occupational health surveillance. As an industry we are all trying to raise companies awareness on occupational health effects from work and control measures. With this in mind we are trying to get our clients on board and as a start completing annual occupational health questionnaires provided by an external health practioner. In some circumstances we are being met by employees refusing to complete the questionnaire. Now I understand about how it should be explained about the benefits and how the information will be handled etc to put the employee at ease, but what I would like to know is; legally where does an employer stand if say the COSHH regs state that occupational health surveillance should be completed yet the employee refuses?

Depends what the actual "issue" is.  Are they actually refusing occupational health surveillance, or do they simply object to filling in a form (..with all of it's attaching data protection / medical confidentiallity implications) ?

If it's the former, then yes, Section 7 may well apply.  However, it's not quite that straightforward if it's the latter, and you may have to ditch the form, and instead opt for proper occ health examinations (which are confidential and deemed more professional).

There is a difference between what I agree with my consent to be disclosed - medical confidentiality, and what information can be exchanged due to H&S legislation. Any information obtained "medically" I can stop going any further - it's between me and the medical practioner. Third parties wanting access, to see it, complete another survey, have no right unless I the patient, give it in writing - that extends to my employer also who probably set up the surveillance in the first place.

The surveillance is monitoring the impact on my health due to the work that I do, and my capability to do my work. That's it, and that is the interchange that occurs between the occ health provider and my employer.

There can be a real problem obtaining information/data that has been gained via the medical/surveillance route and you will find that as well as employees the medical practioners will also fiercely defend it - they can lose their job over this sort of thing.

So, sorry probably not helped much in this case, but I hear that you (contracted party) are asking your clients who use another 3rd party practioner for data - I would not give you any information. Your best chance is to ask the medical practioner to prepare the report for you - but they will be limited in what they can do.

If your question is purely about individual participation with a medical/surveilance provider, then the answer is as per CoSHH and HASAWA as already noted.

Originally Posted by: Stevie

I am trying to resolve an issue surrounding occupational health surveillance. As an industry we are all trying to raise companies awareness on occupational health effects from work and control measures. With this in mind we are trying to get our clients on board and as a start completing annual occupational health questionnaires provided by an external health practioner. In some circumstances we are being met by employees refusing to complete the questionnaire. Now I understand about how it should be explained about the benefits and how the information will be handled etc to put the employee at ease, but what I would like to know is; legally where does an employer stand if say the COSHH regs state that occupational health surveillance should be completed yet the employee refuses?

You cannot force him/her to divulge any confidential medical information to you, or your company.

You can require that person to present themself for health surveillance procedures, during work hours, at the employers cost, and inform the doctor/health professional with required information as to medical condition etc.

You cannot obtain information about a person from that persons doctor without the persons consent. Which they don't have to give. Medical confidentaility act 1988.

I note that employers think they are entitled to read and let others read a medical report because they have paid for it. They don't. You should acquaint yourself with the requirements of the data protection act and its requirements for secure storage of highly confidential information, and who is allowed access to that.

My personal observation is that you should avail yourself of the services of an occupational health PROFESSIONAL....you seem to be an amateur.