Tricky one. The courts have said it's OK for patients to make an informed choice not to accept a blood transfusion. It's also OK for a pregnant woman to make an informed choice not to accept intervention in labour intended to reduce her baby's risks. And look at the public debate about public health measures such as immunisations, seat belts and fluoridation.
Surely there must be case law somewhere about behaviour in the workplace?
Kate
>>> Dennis Macwilliam <[log in to unmask]> 16/01/03 17:14:23 >>>
I can accept the logic of Dr Swann with regards to those working in an
academic setting [short-term research contracts and similar academic
activities].
However, I think the approach advocated for academic activities may not be
wholly appropriate in an industrial setting, where the exposed workforce
may be at the workbench [or standing in a spray booth] for up to 8 hours a
day for most of their working lives. In such situations, making
an "informed choice" may not be acceptable.
By analogy, if, after explaining to a worker the need to use a guard at a
drilling machine, would it be acceptable if the worker, having had the
risks explained to him, made an informed choice to work without the guard?
Dennis M
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