Hello Dawn
I follow your rationale. However, what I say may be considered as being
contentious - the difference is that health surveillance such as audio etc
are "definites" for a statutory requirement, particularly as some people
have "tender ears". With regard to health surveillance for MSD. I was
assuming that you were thinking along the lines of this being conducted by
an OHN - if control's are in place with regard to both a safe system of work
and appropriate equipment then there shouldn't be a problem. However, I
acknowledge that one could argue that the same could be said for audio's -
its a final double check of the control measures (control measures should be
checked by undertaking noise risk assessment).
What should be in place is that anyone developing symptoms of a of work
related musculoskeletal injury should be reported.
Anne
On 22/11/2011 22:35, "Dawn" <[log in to unmask]> wrote:
> Thanks Anne,
>
> My personal feeling is that with Resp and Derm and Audios they are sort of
> accepted as a historical thing and rightly so based on risk, However I would
> argue that for my workplace we have little evidence of noise related ill
> health from all the screening and the same for Resp or derm so screening is
> being pulled back and based on risk. However we have massive issues with ill
> health/absence from MS issues and I would like to target this to reduce the
> risks moving forward and be more proactive. The questionairre is part of a
> bigger package ie RTW,training and audit to see if twends in roles or
> workareas appear.
> The manual handling regs refer to monitoring and screening as part of a
> process for health hence this is my tool to encourage them. I think 211
> below covers it???
>
> Taken from Man Handline regs-
>
> Health surveillance
> 209 Health surveillance is putting into place systematic, regular and
> appropriate procedures to detect early signs of work-related ill health
> among employees exposed to certain health risks and acting on the results.
> 210 There is no duty in the Regulations to carry out health surveillance.
> Paragraph 41 of the Approved Code of Practice on the Management Regulations
> requires appropriate health surveillance to be carried out when certain
> criteria are met. However, one of these is that there are valid techniques
> available to detect indications of the disease or condition. Currently no
> techniques are available that would reliably detect early indications of ill
> health caused by manual handling and there is therefore no requirement for
> health surveillance to be carried out.
> 211 Nevertheless valuable information can be obtained from less precise
> measures such as reporting, monitoring and investigation of symptoms. This
> is known as 'health monitoring'. It is good practice to put in place systems
> that allow individuals to make early reports of manual handling injuries or
> back pain. Where appropriate these can be supplemented, for example by
> monitoring sickness absence records, lifestyle and health promotions and
> annual health checks. Further advice is in HSG61 Health surveillance at
> work.22
>
> Thanks for your help Anne.
>
> Dawn
>
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]]On
> Behalf Of [log in to unmask]
> Sent: 22 November 2011 20:57
> To: [log in to unmask]
> Subject: Re: [OCC-HEALTH] and another one....refusing health
> surveillance or health monitoring
>
>
> 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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