Hi,

I was wondering if anybody knew of any case law relating to organisations carrying out, or not carrying out medicals for employees in specific ‘safety critical roles’ that require a significant amount of physical activity working in confined spaces, at height, lone working etc?

Many thanks
Jon

Can't add much to what PhilR said about criminal cases - not aware of any and can only suggest HSE Enforcement database.
As regards civil /compensation cases I would point out that for disease claims the actual claim for disease usually follows many years after exposure commenced. Thus any recent requirements for medicals and similar were generally not an issue when exposure commenced and/or during bulk of exposure period.

In addition there is little evidence that the question of whether a medical should have been/was carried out is pertinent to the claim. Thus, an insurer would strongly suggest audiometric testing at the start of employment in order to establish a baseline of deafness to avoid paying for any caused by previous employers. Routine, periodic testing should help limit/prevent further/continuing deafness by highlighting the appearance of gradual loss e.g. caused by failure to properly wear HPDs when entering high noise areas - and thus allow counselling, closer supervision etc.
But a claim is going to be for deafness, caused by employer's negligence e.g. failure to employ best/most effective engineering controls, failure to warn/instruct/train as regards noise hazard, failure to supply suitable/sufficient HPDs, failure to ensure that they were worn when required etc etc. I doubt that Statement of Claim would include "Failure to carry out audiometric testing"
Hope this helps
Phil