Dave - I can only speak for ourselves. We make a conditional offer of employement subject to satisfactory references and medical 'clearence'. If they are considered to be the best candidate then we open the medical questionnaire, that they complete and hand in at interview. If this reveals a potential problem then we dicuss this with OH or seek further advice from their GP or seek a referall to OH with the appropriate consent. I work in HR so get to kbow of any such issues straight away and am often asked for the initial advice etc. It makes sense that you are involved as soon as possible and prior to appointment.

We have our OH company look at the questionnaires as they know our business processes - the employee gets it when they get their offer letter and like Phil part of their acceptance is based on if OH are happy they do not have any medical conditions that could prevent them from doing the job - or the job could harm them further. They then advise in a short report if the person is fit for the job ir if we would need to make any adaptions. Costs £19. Clearly as ever the weakness is that they can only go on what they are told and it is not uncommon for employees to conceal certain conditions - when it does it works both ways - either it means the person can no longer do the job or actually they have nothing to worry about and it can be accomodated. Clearly if the former they may no longer then work for the company....but sometime if the latter the same may apply depending on your view! We too are part of the HR department and by having OH look at the questionnaires for us it covers us for the medical confidentiality bit, but few have this option and I think there are few issues providing their completed form is not sent out from HR and kept securely. Common sense whould prevail here. We do ask if an employee has a condition - say for example diabetes - if they are also happy for us to let the first aiders know so if they get into difficulty that information can if necessary be relayed to medical professionals without the need to have to go to HR and delay the treatment but we respect their right to say no.

Odd then that companies are still asking for random health history that has nothing to do with the ability to do the job prior to making an offer for employment (I know this from personal experience having recently been asked things like - have you ever had an ear infection and have you ever had sinus infection - what's that got to do with anything!!!).

Dave Whatever the level of detail specified in laws and regulations, matters like this require safety professionals to pro-actively coach HR and occupational health professionals so they can appreciate your legitimate needs to know. This can be done briefly with short written reminders to facilitate their understanding. The safety profession in general has for far too long expected standard procedures to take the place of initiative and actively engaging other professionals who, like HR, for example, seldom have the specialist education and training necessary to appreciate what assessing risk factors in workplaces imply.

Hi The law banning pre-employment health questionnaires is the Equality Act 2000 http://www.equalities.go...k/equality_act_2010.aspx This is to try and prevent discrimination against people with disabilities - however it could pose employers with a dillema if you get a questionnaire completed after you've offered a post and then discover something which could affect their ability to do the role..... If you google Equality Act and health questionnaires there's lots of articles and HR type guidance out there. In terms of H&S involvement it we should be informed whenever it is first identified that there could be a potential safety related issue - this might be at the start of employment or during employment if some one has an accident or develops a health condition. The important thing in my experience is to try and build a good relationship with your HR Dept.

Nearly right again... :-( Enacted 8th April and from a Workplace Law briefing: The Bill will receive Royal Assent this month [April], with the key provisions coming into force on October 2010. A