Rank: Forum user 
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My company has won a significant piece of business that employs both day and night workers. we will be maintaining many employees and taking on additional staff too.
We normally start with a pre employment medical questionnaire, then once people go through selection process there's a full pre employment medical. In addition a working time regs questionnaire is completed by the applicant.
We are facing a really tight timescale to get people assessed and employed so the Operations team have asked if I and our HR Team would review incoming working time questionnaires for selected people and then where there are 'issues' (Questionnaire is mainly yes/no answers supplied by our OH provider) forward only those assessments to our OH provider to save time.
I deal with OH issues on a frequent basis so it doesnt worry me but there is a view that it may affect the individuals rights.
Thoughts would be appreciated.
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Rank: Super forum user
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Check out the Equality Act and guidance re pre employment medical questionnaires from the appropriate areas; as they [pre employment medical questionnaires] are now; I believe; a 'no no' in average employment situations
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Rank: Forum user
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Thanks Bob,
Much appreciated.
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Rank: Forum user
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I'm also interested in views on the working time regs. Can I review questionnaires as a H & S Professional before sending them to OH Company.
I'm really mainly thinking about making sure that night workers are assessed correctly and i have adequate provisions in place for them.
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Rank: Super forum user 
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You can see & know about what you like with the employees permission ?. Try asking them, explain why you want it and you could be surprised.
You are after all looking out for them, are you not.?
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Rank: Super forum user 
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Employers or third party suppliers are permitted to ask health-related questions only after interview when a job offer has been made (conditional or unconditional) or upon the employee commencing the role. Should health conditions come to light, employers are expected to make reasonable adjustments to accommodate the applicant.
There are exceptions to the new restrictions on pre-job offer health-related questions:
• To determine if any adjustments are required during the interview/selection process
• To decide whether an applicant can carry out a function intrinsic to the job
• To monitor the diversity of applicants applying to the employer to work
• In roles which require the post-holder to have a particular disability
• Where the questions relate to a requirement to vet applicants for the purposes of national security
• To enable the employer to take positive action to assist disabled people
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Rank: Super forum user 
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Zyggy, your 2nd bullet point appears to allow pre-offer questions to be asked in exactly the same way as previously, whereas posters on this and other threads have indicated otherwise.
I am confused.
Can we still ask if an applicant for a scaffolding job has vertigo?
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Rank: Super forum user
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My view in that particular set of circumstances is probably yes, as it would be an intrinsic part of the job.
If however you asked a question that wasn't, e.g. are you colour blind, & you used this as a reason not to appoint, then that would be discriminatory.
Employers who do ask health or disability-related questions before the job offer stage might be required to prove to an Employment Tribunal that they did not discriminate if the individual did not get the job, which is not likely to be easy.
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Rank: Super forum user
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Just a point of clarification - whilst the answers above are all perfectly OK as far as I know, there are some jobs in which medical conditions are a requirement - I do not think any of you would appreciate watching your pilot on your next holiday flight going to the cockpit with his white stick and guide dog .....
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Rank: Super forum user
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Rank: Super forum user
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Am bound to support Ziggy here, the act is trying to ensure that unbiased judgements are made at all times. Only questions that are essential to do the job may be asked before offer. After offer then the employer MUST make reasonable adjustments or prove why they cannot. It is not 100% protection for the applicant except where the diversity element is not visible.
Age related questions thus have to be removed and advertisements should be clear and neutral about physical or other health requirements. The statements must also be open to proof if questioned. Let us face reality many employers can operate covert discrimination should they wish to. Only later questions can expose the true position.
Confidentiality is a Data protection area rather than diversity and is still weighted to favour the applicants privacy.
Bob
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