Thankyou Sue,
D
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Susan Gorton
Sent: 09 May 2013 09:45
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] New starters health screenin
TUPE is the legislation that protects the employees when they are transferred to another employer during a sale or takeover. The entitlement is to equal rights and benefits though they may not neccesarily be the exact same benfits e.g. if you are entitled to 30 days holiday and the new company only provides 22, you get to keep your 30 unless they make an equitable arrangement such as swap for pay.
More info here.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/184947/13-533-tupe-regulations-2006-consultation-on-proposed-changes-to-the-regulations3.pdf
The Equality Act has been widely misinterpreted to reflect you cannot ask any health questions but as long as it is after the offer and you can justify the reason to ask a particular question you wont be in breach.
It seems your question is based on are the new employees adequately screened for the risks of their job and therefore are those that need health surveillance under H&S legislation receiving it.
The process of new starter screening works from the employee to the risk. It rules out the manager in the process which is useful if the management layer is unreliable to say the least.
The other equally sound approach is to work from the risk to the employee.
The managers should inform you about any risk that is not adequately controlled to obviate risk and people working with these risks need to be under surveillance and vulnerable people working in those areas need to be especially careful and may need additional protection or not work (this last one has been shown to be difficult to enforce as even asthmatics apparently have the right to risk occupational asthma if they wish under law).
We do both as much as we can as half the time the managers don’t tell us when people start and the other time they don’t tells us where their staff are working with hazards so my advice is just do what you can with what you have got.
Regards
Sue
Susan Gorton | OH Nurse Manager | Occupational Health Department | Great Ormond Street Hospital NHS Foundation Trust | Level 3, Ormond House, 26-27 Boswell St., London WC1N 3JZ |020 7405 9200 Ext 0247 | DD to OHD 020 78138554 | Direct Fax 020 78138355 | Mobile 07833294568
Please be advised that all e-mail communication relevant to assisting in the management of the OH process will be printed and entered into the individual's OH file or copied and added as an electronic note on their electronic OH record. This may therefore be disclosed under the Data Protection Act (1998).
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]] On
> Behalf Of SUBSCRIBE MRO-FORUM Anonymous
> Sent: 08 May 2013 17:39
> To: [log in to unmask]
> Subject: Re: [OCC-HEALTH] New starters health screenin
>
> Hi Sue and Sharon,
>
> Not sure if I am yet up with this.... TUPE...can you give a link for this.
>
> The issue I have is that I am not covering the new business (
> hopefully wont due to location and already snowed in with work as I
> am) but they are looking at how they operate the OH aspect. They have
> a OHA in via a company 1 day per fortnight.I was asked to look at
> their contract and what they do and I just happened to ask about how
> they identify people for health surveillance and this can of worms opened.
>
> HR say they are 'happy' with their process which is a whole list of
> questions on health issued after job offer but I thought that we can
> only ask relevant health questions when looking at fitness for role so
> once I do my minimum new starter questionnaire I then only check for
> health issues through H/S based on risks of the role.
>
> At this stage no changes are being made to contracts and no new
> starter screening is being performed for the business transfer just
> for new employees as they move forward..... did I send a red herring
> in my message and send it off track... if so sorry.
>
> So in essence I am just looking at their practice and want to consider
> the validity of health screening full stop.if a person is asthmatic on
> ventolin and works in an office it has no bearing on his role if no
> risk is identified. If he has attendance issues that's dealt with via
> the policy for absence but if a person was asthmatic ( or not) and
> worked in an area with COSHH substances I would screen..... hence my query.
>
> Does that change the answers???
>
> Thanks Sue and Sharon...anyone else want to join in.. with their thoughts??
>
> Thanks again Dawn
>
> ********************************
> Please remove this footer before replying.
>
> OCC-HEALTH ARCHIVES:
> http://www.jiscmail.ac.uk/lists/occ-health.html
>
> CONFERENCES AND STUDY DAYS:
> http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
*********************************************************************************************************
This message may contain confidential information. If you are not the intended recipient please inform the sender that you have received the message in error before deleting it.
Please do not disclose, copy or distribute information in this e-mail or take any action in reliance on its contents: to do so is strictly prohibited and may be unlawful.
Thank you for your co-operation.
*********************************************************************************************************
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
NOTICE: This e-mail message and any attachments are confidential and intended solely for use of the intended recipient. If you are not the intended recipient, you should not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please immediately notify us by return e-mail and delete this message and any attachments from your computer system. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. This notice is automatically appended to each e-mail message leaving the senders e-mail domain. Thank you.
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
|