I agree also that there was no way you could carry out assessment. They have a legal duty to comply under the health and safety legislation but what actually happens if they don't needs to be supported by robust policy as much as possible.

This article http://www.personneltoday.com/hr/protecting-staff-with-workplace-health-surveillance/ states that "If an employee refuses to take part in a health surveillance programme, the employer must explore their rationale for the decision and attempt to persuade them to reconsider their actions. If an employee continues to refuse the required assessments, the employer should exclude them from further hazard exposure." I presume your customer needs this guy to do his contracted role and therefore may have to look to terminating contract of this employee if, given another bite at the cherry once he understands the consequences, he still refuses.

Harsh maybe ,.. but I suspect fair as what else can the employer do? He has to standby the need and importance of health surveillance.

Regards

Carr

On 21 May 2015 at 22:40, Allison Caine <[log in to unmask]> wrote:

I have had this issue with a few small companies and I gave the same advice Lyndsey has, this is a management decision. It is also worth pointing out to the company that they are not complying with their legal obligations under MHSW Regs, COSHH etc and the HSE is likely to take action if aware.

Kind regards
Allison Caine
Director OHBM Ltd
Direct Phone/Fax: 01625 268609
Mobile: 07733 125558
Email: [log in to unmask]
Website: www.ohbm.co.uk

On 21/05/2015 16:26, Lyndsey Marchant wrote:

My opinion is that he was not compliant with the service although he was compliant with attending. So no health surveillance could be done. No consent no medical. How would you know that he had not recently had surgery for example before doing the spiro?

I think you did the right thing.

Without doing the health surveillance you cannot know that the gentleman is being damaged by the hazards in the workplace, so I would advise that I was unable to declare his fitness to work. Without this the company would have to make their own decision ( and most won't). it should be written in their policy that staff should comply with health surveillance. My opinion, is if the chap does not so health surveillance he should not be exposed to health risk and therefore should not work.

Warm Regards

Lyndsey

Lyndsey Marchant Dip HERN(A), BA SCPHN(OH)
Director & Nurse Specialist Practitioner in Occupational Health

PHOENIX OCCUPATIONAL HEALTH Ltd
Address: Genesis Centre, North Staffs Business Park, Innovation Way, Stoke on Trent, ST6 4BF
Phone: 01782 366215 / 07966255139
www.phoenixoh.com

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-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Jacqui
Sent: 21 May 2015 16:10
To: [log in to unmask]
Subject: [OCC-HEALTH] Surveillance without paperwork

Hi
Firstly thank you for the replies for technician placement. I have forwarded the emails and she is astounded that there are so many helpful people out there...(another reason for jisc!)

I have had a situation where after a load of persuading by a manager to attend, a welder refused to complete the questionnaires and sign a consent for surveillance, so I declined to do the tests as in my opinion I cannot carry out an assessment without them and also they give a history of past.The manager is now confused as to what to do next as the guy technically presented for surveillance ..... Anyone got any experience of this and where to direct the manager for guidance? They are a very small company with no h&s team....
Jacqui

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