Having just completed our first annual health surveillance programme we have found to have a couple of HAVS conditions diagnosed. I have reported one case but one of the guys developed the condition with his previous employer, has is employed as a van driver by us and has never used any vibrating power tools whilst employed by us. The regs state - When to report 77 Under regulation 5, the responsible person must make a report if: (a) they receive, in respect of an employee, a written diagnosis of one of the occupational diseases in Column 1 of Schedule 3, Part I made out by a doctor (for example a GP’s statement on a medical certificate); and (b) the ill employee’s current job involves the corresponding work activity specified in Column 2 of Schedule 3, Part I. So although he has been diagnosed with HAVS his work does not involve any work in the corresponding column so it would appear it does not have to be reported. Even so I feel it is the right thing to do to report it but do not wish to leave my company open to investigation or compensation claim. Morally or legally what is the right thing to do? Should I get in touch with his previous company and get them to report it? Has anyone been in this situation before and if so what did you do and what was the outcome?

I certainly wouldn't be reporting for the van driver and would further question why he is included in the surveillance program in the first place? I'd also be ensuring this diagnosis is confirmed by a registered medical practitioner. First-stage evaluation at the early stages of a health surveillance program doesn't usually involve much beyond a medical questionnaire, checked over by the occupational health nurse. No disrespect to anyone in the profession intended here, but RIDDOR is very specific about confirmation of the diagnosis of a reportable disease.

It doesn't meet the criteria, so I don't see why either you or the previous employer would report it (he isn't doing relevant work and he is not their employee). Agree that surveillance ought to continue as he has this as a pre-existing condition and there is a responsibility to prevent it getting worse.

We included all employees in this programme as it was our first, it allows us to draw a line under the ops who may have carried out some at risk work in the past. The diagnosis is from our occupational physician and he has confirmed the condition. Thanks all for the advice.