Kate,
Happy to help you enliven the list rather than consider the possible start
of WWIII ! (You have heard the one about George W apologising for US being
late for last two World Wars, but making up for it by starting the Third !)

Employers only have obligation to make reasonable adjustments when they are
aware of Disabilities.  There is already an EAT judgement that if OH is
aware of Disability, then employer should have been aware.  Should we
therefore be routinely informing Employers of ALL Disabilities found on
pre-employment ?

The definition of Disability under DDA is much wider than most think, pasted
below are the DfEE figures :
6.4 Million Disabled
(fifth of working population)
Almost 3 Million Disabled in Work
3.4 Million not in Work
1 Million of these wish to work
Highest rates of Disability in North East England

It follows that by a rigorous application of DDA definition (discounting
effect of treatment unless curative, relapsing conditions covered if ever
likely to substantially affect DLA, progressive and terminal conditions from
when they have SOME effect on DLA), that as many as 20% of applicants for
jobs will be covered.  Do you then need a checklist to ascertain this ? (my
view is that checklist will need to be very wide, and lead to much face to
face examination by OHN/P - it will not fit Stewart Whittaker's minimalist
view of pre-employment screening).

Below are the Engineering Employer's Federation recommended questions
(paraphrased for brevity) on sickness absence cases, they would seem
relevant also to pre-employment :
How does health affect work ?
Will they recover ?
How long off work ?
Could they do alternative duties ?
When could resume full duties ?
If will not fully recover, what limitations ?
If recovers, will it recur ?
What is likely progression and impact ?
Is there a physical or well recognised mental impairment ?
How long has it lasted/likely to last ?
How does it affect daily living activities ?
Without treatment would DLA be substantially impaired ?
What adjustments should be considered ?

DDA case law has found consistently against the Employer from the outset,
and the majority of published EAT cases relate to Employers losing because
they are not aware when should have been, not following procedures and
taking OH advice, not implementing adjustments on an individual basis.  How
can they hope to meet their obligations unless we tell them who is disabled
and what area to consider Reasonable Adjustments in ?

The final point is what is the ethics of disclosing knowledge of disability
without POTENTIAL employees consent  ? - duty of care in civil law is
entirely to the Employer, but ethical duty to potential employee and GMC/FOM
ethical guidelines.

Geoff Helliwell

-----Original Message-----
From: This list will be of interest to all practitioners of occupational
and envi [mailto:[log in to unmask]]On Behalf Of Kate Venables
Sent: 07 October 2001 20:25
To: [log in to unmask]
Subject: pre-employment health questionnaires


Dear all - this list has gone very quiet lately and so ... what are people's
views on pre-employment health questionnaires - content, processes - given
the Data Protection Act?  I ask because of views from a personnel officer
close to home that these questionnaires should contain lengthy checklists of
diseases etc., should be returned in sealed envelopes to a manager (who can
check off that it has been returned) for onward transmission to the OHS, and
that managers would "like to know" about conditions such as epilepsy for
staff welfare reasons.

Best wishes - Kate