Statutory Health Surveillance - for? Is this a "new" to the business employee, someone new to the surveilled activity or a new (previously overlooked) business requirement?

Merely allowing a free pass is never a good idea as it could be used against the employer, however there are also contractual terms to be tread carefully around.

We can all find the legal reason why the employee should submit to HS but unless it is related to Regs that specifically require employees to submit to HS (like Asbestos) then it does give you a bit of wiggle-room to be compassionate. 

It must be remembered what the main purpose for the HS is. It is not intended to look for health issues caused by work to specific individuals. It is intended to look for patterns within the workforce. HS results are covered by medical confidentially. The person tested has to give their express permission for their results to be presented in such a way that it can be directly linked back to them.  The real intent is that sufficient people are tested so that a 'general observation' as to the present or absence of specific work related health condition/s within the workforce in specific areas of the site, or department etc. can be provided and allow for an assessment as to the adequacy of existing controls.

As such, a single person not wishing to take part should not really influence the overall outcome of the HS program. Based on that, I would be minded to allow them to be excluded from the HS. You may want your legal people to draw up a non-consent form for them to sign to help minimise any civil liability should illness present itself in the future.

Hope it helps,

Tony.

Brian,

I've checked the COSHH Regs, and Reg 11 states;

11(1) Where it is appropriate for the protection of the health of his employees who are, or are liable to be, exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.

As such, it is more than to just offer HS.

But I was incorrect in my statement regarding employees not being required to submit to it

11(8) An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1) and, in the case of an employee who is subject to medical surveillance in accordance with paragraph (5), shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.

However, I still stand by my original post above, regarding the best way to deal with this.

Tony.

Edited by user 24 November 2022 07:55:09(UTC)  | Reason: Clarification made.

Of course there are regulations other than COSHH where health surveillance may apply - noise / vibration exposure, radioactive / electro-magnetic sources - the OP hasn't been specific.

Originally Posted by: antbruce001

Brian,

I've checked the COSHH Regs,

I had a quick look again at noise at work (never had anyone on our survalance programe refuse the tests) and that has a similar requirement - so i was wronge as well it is more than just an offer! 

I accept agree with your comments about the overall measure of the effectivness - but an individual refuses the survalance and is not using the control measures  especialy any last resourt PPE im not sure what good a certificate would be - have always been told that most disclamers are not worth the papaer they are written on. Very tricky one.

Back when the regulations first appeared I was lucky enough to work for an employer who invested in an audiometric booth as well as the test equipment.

We found a number of staff uncomfortable with the booth in designed operation (door closed) as the absence of background noise is quite unnerving. For those persons we merely recorded that at test the door was open (not that it made significant impact on the test results just that it was outside our documented procedure).

Other employments it has been the test equipment in a "quiet" room (or the back of an occupational health van). If this is the first time this particular employee is being asked to undertake the test let them see what happens (so much easier than trying to explain) with others before subjecting them to test.

Other options could include paying for the results of a private hearing test (certain high street eyewear suppliers offer such services) before considering redeployment.