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I agree with Sue, surely would be in breach of TUPE roles as could be seen as "screening out" people who have been assured that their Ts and Cs will remain unaltered (of course there are exceptions to this, but the employer not OH have to justify their decision on one of 3 grounds, which I cant currently remember , commercial and er, er, er.....?) Dawns last sentence did make me laugh though, sure it was a typo but "tribuneral" rhymes with "funeral" and anyone that has been to one knows that the proceedings are just as dour...... > Date: Tue, 7 May 2013 13:39:50 +0000 > From: [log in to unmask] > Subject: Re: [OCC-HEALTH] New starters health screenin > To: [log in to unmask] > > I have been in that position and said that it was inappropriate under TUPE to health risk assess someone to do a job they had already been passed fit to do. Its not 'pre-employment' screening after all if you do it whilst in employment. > > If there are some different risks then the incoming employees have a right to a reasonable expectation that these will be reasonably accommodated. > > So, > Why the full health screen > What objective will it fulfil > Can this objective be justified > What will they do with the answers e.g. if you say 'not fit' > > Seems to me that you need to tell the incoming employees how things will differ and what the considerations they may need to be aware of in terms of their health and THEN get them to say whether they think they need assistance (and an appointment with OH perhaps to discuss) ot whether they need to be slotted in and managed. > > Otherwise it’s a lot of work for no real or justifiable purpose > > Happy days > > 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: 07 May 2013 14:29 > > To: [log in to unmask] > > Subject: [OCC-HEALTH] New starters health screenin > > > > Dear All, > > > > Just a quick one I hope. > > > > Since the changes with EA in 2010 I have only issued a 5 questions new > > starter medical form that looks at disability, adjustments and chronic health > > etc. > > > > If a person is then working in an area that has been risk assessed and > > requires health surveillence that is completed. > > > > Our company has recently aquired another company and they asked me to > > look at there policies and procedures and they do a full health questionairre > > for everyone once the job offer is accepted whether they will work in an area > > of risk or not. > > > > I am sure my esteemed OH colleagues can tell me.... am I right that in OH we > > should only ask relevent health questions pertaining to risks and roles ? as > > that is what I thought was the case and that we have no right to ask > > irrelevant health questions. > > > > I would appreciate it if anyone would be kind enough to tell me if I am > > wrong and if I am right give me some supporting evidence as its Tuesday > > post BH blues and head is spaghetti! > > > > > > Would also be good to explain what the worst outcome could be for a > > business if they do ask questions....tribuneral perhaps??? > > > > Thank you all. > > > > 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 ******************************** 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