What an interesting one.
The employer has a duty of care to the employee and the employee has to
comply with health and safety strategies. The first question to ask is: Is
their a requirement for health surveillance under legislation. With respect
to the COSHH Regs - there is a definite requirement for H/S under Reg 11 and
medical surveillance under schedule 6 of the Regs. Non-compliance is
therefore a breach of statutory requirements. Likewise audio under the
Control of Noise at Work Regs.
Their get-out clause is that there is no direct statutory requirement for
health surveillance in relation to musculo-skeltal symptoms. However, the
organisation could argue that such health surveillance is associated with
the requirement for management to undertake risk assessments.
Pity this hadn't come in yesterday. Diana Kloss is a visiting professor at
London South Bank and she gave an evening lecture for our students and their
practice teacher. It would have been a good one to post to her.
I will forward your email to Diana and see what she says. It may take a
while as I know she is very busy this week. She is giving an after dinner
speech for Allison Calne at the GMOHGroup dinner tomorrow so Allison may be
able to raise it at that event.
Anne
Anne Harriss
Course Director
LONDON SOUTH BANK UNIVERSITY
On 22/11/2011 18:28, "Dawn V" <[log in to unmask]> wrote:
> Dear All,
>
> I had a few men who are saying they will not complete a muscoloskeletal
> monitoring form to try and proactively identify early issues. It has been
> designed using the manual handling regs and is to run along side rehab and
> manual handling training. the aim is to consider any trends in issue or roles.
>
> So my question is how do you handle refusal to complete any health
> surveillance or health monitoring?
>
> I see it as a management issue that we report if they don't complete and then
> managers discuss this with them and if they don't complete it may be seen as a
> disciplinary issue as they should support the employer in all Health and
> Safety management programmes.
>
>
> Thanks I know you will come back with great ideas...
> Dawn
>
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