Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Eddy  
#1 Posted : 14 October 2015 12:34:12(UTC)
Rank: Forum user
Eddy

Folks I think this topic has been dealt with before. I have several employees who refuse to have health surveillance carried out on them ie. audiometry, lung function, vibration and skin surveillance. We are an engineering firm. Basically, they point blank refuse. How can I get around this and comply with my legal requirements? Any advice appreciated. Ed
Ron Hunter  
#2 Posted : 14 October 2015 12:36:52(UTC)
Rank: Super forum user
Ron Hunter

Disciplinary Route. Failure to cooperate with the employer in fulfilling his statutory duty. Failure to follow reasonable instruction.
stuie  
#3 Posted : 14 October 2015 12:38:31(UTC)
Rank: Super forum user
stuie

I would suggest HR need to be involved - this is a failure to comply with a reasonable request as well as breaching regs etc
PIKEMAN  
#4 Posted : 14 October 2015 12:40:23(UTC)
Rank: Super forum user
PIKEMAN

I agree with Ron. You don't have to make it part of their contract of employment - complying with HASAW section 7 is compulsory.
johnmurray  
#5 Posted : 14 October 2015 13:02:07(UTC)
Rank: Super forum user
johnmurray

Eddy wrote:
Folks I think this topic has been dealt with before. I have several employees who refuse to have health surveillance carried out on them ie. audiometry, lung function, vibration and skin surveillance. We are an engineering firm. Basically, they point blank refuse. How can I get around this and comply with my legal requirements? Any advice appreciated. Ed
What reason do they give? Have you asked? Perhaps your request/command contains the ubiquitous "sign here to allow us to collect your full medical details from your health professional and pass it to any third parties we want to"
fscott  
#6 Posted : 14 October 2015 16:12:00(UTC)
Rank: Forum user
fscott

Wholly agree with JohnMurray - your first port of call has to be to find out why they are refusing to attend the appointments. I encountered similar issue a number of years ago and it was the employees perception that by attending these appt's it meant the employer would be given access to all their medical history/data which they weren't happy about (fair enough I wouldn't want my employer to see mine). We got a sample certificate of fitness from the OHP that showed the what a typical certificate of fitness would look like, including one which highlighted an area of concern such as a hearing issue or colour vision issue (this was important to us at the time) and this made the world of difference. Yes if all else fails you can go down the disciplinary route but this might not make any difference and you could potentially loose good employees so try every other avenue first.
Kate  
#7 Posted : 14 October 2015 16:37:46(UTC)
Rank: Super forum user
Kate

I really like fscott's idea of showing what the reports look like - I'll build that in to my communications about occ health! I agree that medical confidentiality often seems to be the concern where there are objections or refusals. I've encountered this too.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.