Posted By John Donaldson We sometimes have problems with a very few members of staff and post graduate students who do not attend or complete medical surveillance questionnaires. Our policy is to deregister them for the work they are on. This has the desired effect as their research work is then stopped. It works for us but it will depend on your type of organisation.

Posted By Ciaran McAleenan Jeannette If your workers refuse to participate in a company health surveillance plan then they are in breach of their legal duty and in contravention of company policy. In the first instance they would be open to prosecution and in the second they could be disciplined. Ultimately the discipline could be as severe as dismissal, since failure to deal with their the employees actions would leave the management in breach of statutory duty. Your managers have no choice but to take positive action in these situations. Of course people do have individual rights but the exercise of those rights is never without consequence. It is up to the individual to determine whether the consequences are a price worth paying for. However that is the negative response to your question and one that would not win you too many friends. There is a more positive alternative that goes to the heart of why people will refuse to participate in a program that ultimately is about safeguarding their health. It could be fear of the unknown, or the mistaken view that not being told you have a condition means it can’t affect you. Whatever the reason I have to ask what preparatory work was done with the employees before the health surveillance program was introduced? I have been involved with introducing HAVS management into a large construction based organisation over the last few years. The organisation employees upwards of 1000 industrial operatives each of whom use a variety of vibrating work tools on a daily basis. In the early stages we developed a strategy that introduced a range of engineering control measures, modified the purchasing and hire policy, embarked upon vibration monitoring and implemented a health surveillance program. Before the health surveillance program commenced, fully we piloted it with a small group of staff to test it’s efficacy and at the same time we ran a series of awareness seminars for the workers, their immediate line managers and their more senior managers. The awareness seminars, launched by a member of the Board of Directors, explained the problem, the causal effects and detailed the measures the organisation were engaged in to limit, reduce and where possible eliminate the risk of HAVS. Every training session on the use of work equipment reinforces that message. The health surveillance program has been running for 18 months with almost half of the workforce having been through the first stage. To date nobody has refused to participate. The openness of this approach, the evidence of commitment from the very top of the organisation, and the support of the local Health and Safety Executive has gone a long way in ensuring the success of this venture, this far. Feel free to contact me if you want more details. Ciaran mailto: ciaran@confinedspaces.com

Posted By Kevin With reference to human rights we have faced this issue, the union taking us to task by inviting into their workplace their full time official. The result was interesting to say the least. a)THE EMPLOYER IN COMPLYING WITH HIS STATUTORY DUTY ONLY HAS TO REASONABLE i.e. a reasonable instruction for those working in a noisy environment would be audiometry testing. b)THE EMPLOYEE CAN UNDER HUMAN RIGHTS REFUSE TO COMPLY WITH HIS EMPLOYERS REQUEST i.e. I 'm not going for any testing. The result is simple, if an employee will not co-operate with a reasonable instruction that is necessary for his employer to comply with a statutory duty, he or she may be dismissed. ie you can keep your human rights but this may cost you your jobs!!

Posted By Jeannette Lount Thank you all so much for your responses. I am particularly thrilled because you have thrown up all the issues that I was tussling with and confirmed my thoughts. I had offered them tentatively at a rather heated H&S meeting and was shouted down but I will do a little reading around and go back with more confidence! Many thanks - Merry Christmas!