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Posted By STEVE
Wondering if any one can assist,
I recently took over the Health&Safety Managers job and have come across the need to update personnel employee files.
One of the things I have found is that we have employees whom have signed contracts x amount of years ago and within them they have completed a basic health questionairre.
However as we all age or over a period of time can become ill either via heriditary or medical reasons or have past injuries I would like to ensure that through a health questionairre we are starting the foundations of a health surviellance programme.
This will also identify tasks that some individuals should not do due to what is disclosed on the questionairre, it will also help in proving that we are providing healthy employees to our clients to a degree.
This questionairre would remain confidential between the employee and the employer and will require permission of the employee for it to be passed on to others from themselves.
As the H&S Manager I need to know that our employees are not at risk from their own personnel health whilst at work
e.g.
employee completes health questionairre x amount of years ago -no problems, now years later they become a diabetic, indivdual is a lone worker, but hasnt mentioned their new health problem as they wrongly believe it could hinder their employment.
The above is only a example, but to me leaves me feeling vunerable due to lack of updated information.
Can the company insist that all employees complete the questionairre after a explanation is provided to them, regarding the reasons it needs to be completed.
Total confidentiality will be promised,and only the subjects that the employee wishes to discuss would be recorded, unless a health situation would compromise the Individual or that of others, a letter of their personal gp would then be asked for.
Any advice welcome
We do not have a Human Resource Dept
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Posted By Lynne Ratcliffe
Diabetes etc the employee does not have to tell his employer that he has developed diabetes, type 1, type 2 or any other. They do not have to tell their employer that they will be injecting during the working day. The DDA protects their right not to inform the employer.
However, if the employer is informed 'reasonable adjustments' can be expected and the employee granted the protection to his employment that the DDA presents to persons with a long term illness or condition.
if an employee does not inform his employer that he has developed a long term illness or condition that employee cannot claim any protection under the DDA.
Simply put annual medicals or medical questionnaires are the best way to pick these up and even then the employee does not have to inform you.
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Posted By Salus
Ditch the questionarre, no requirement,more problems than it is worth, you will have employees saying I cannot do this or that yet you will still have to employ them. Provide good induction, look at the work or tasks they are doing then protect them while they are carrying out that work
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Posted By Dee
Disagree with last post.
Steve
We are currently going through similar and I have a copy of a health surveillance questionnaire provided to me by our OH advisors. While an employee doesn't have to inform you it is reasonable to ask and if you are unsure you can at least prove that you have taken reasonable steps.
I have had past situations where people have not declared an illness on their induction sheet and then gone on to fit on site. There are similarly issues with forklift drivers, etc., etc. It is reasonable should a person not provide information than the employer removes them from certain duties to avoid risk.
While not everyone may be willing we have found the in the majority they are on the basis the questionnaires are sent straight back to the OH provider and not internally (we to do not have an HR department) One the questions included was whether they will be willing to have a voluntary medical/health check and most said 'yes' - they see it as in their interest and less fearful for some people than making an appointment at the doctor.
Dee
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Posted By Dee
Steve,
Let me know an e-mail address or contact me on mine and I will give you a copy of a quesionnaire.
Cheers,
Dee
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Posted By Kieran J Duignan
Steve
Good thinking on your part - and on Lynne's in relating the 'aging' issues to the DDA.
The discrimination issues are important because, unlike OSH laws, there are no upper limits on awards. In this, as in other legal matters, ignorance is a weak, and potentially extremely expensive, defence.
So, as you plan and carry out your data-gathering, bear in mind now that in 11 months time, you will also be legally obliged to show you are not violating employee rights by age discrimination. You can find guidance on the latest government guidance on this issue at www.dti.gov.uk.
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Posted By lindyloo
Hi,just curious, what type of business are you in ?
lindyloo
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Posted By H Klinkenberg
I agree with the comments regarding being careful with regard to discrimination legislation. Changes proposed for the 5th December with regard to disability legislation might be worth taking a look at before asking any potentially difficult questions.
Just a thought, HSE recommend an employee consultation for health and stress in the workplace for a stress risk assessment, if you have not yet done a stress risk assessment maybe the two could be merged. The HSE have a free questionnaire in their stress management tool pack or you can download a free questionnaire which expands on the HSE version from www.stressbiz.co.uk.
Hope this was useful.
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