Rank: Forum user
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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
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Rank: Super forum user
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Disciplinary Route. Failure to cooperate with the employer in fulfilling his statutory duty. Failure to follow reasonable instruction.
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Rank: Super forum user
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I would suggest HR need to be involved - this is a failure to comply with a reasonable request as well as breaching regs etc
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Rank: Super forum user
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I agree with Ron. You don't have to make it part of their contract of employment - complying with HASAW section 7 is compulsory.
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Rank: Super forum user
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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"
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Rank: Forum user
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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.
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Rank: Super forum user
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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.
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