Employment Law and Occupational Health: A Practical Handbook

215 Pages·2006·1.95 MB·English

by  Joan Lewis, Greta Thornbory(auth.)

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EMPLOYMENT LAW AND
OCCUPATIONAL HEALTH
A Practical Handbook
Joan Lewis
MCIPD, Dip Law, MA (Law & Employment Relations)
Greta Thornbory
MSc, RGN, ROH, PGCEA, MIOSH
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© 2006 Joan Lewis and Greta Thornbory
Blackwell Publishing editorial offices:
Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK
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Blackwell Publishing Inc., 350 Main Street, Malden, MA 02148-5020, USA
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The right of the Author to be identified as the Author of this Work has been asserted in
accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted, in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, except as permitted by the UK Copyright, Designs and Patents
Act 1988, without the prior permission of the publisher.
First published 2006 by Blackwell Publishing Ltd
ISBN-10: 1-4051-4972-8
ISBN-13: 978-1-4051-4972-3
Library of Congress Cataloging-in-Publication Data
Lewis, Joan, MCIPD.
Employment law and occupational health : a practical handbook/Joan Lewis, Greta Thornbory.
p. cm.
Includes bibliographical references and index.
ISBN-13: 978-1-4051-4972-3 (pbk. : alk. paper)
ISBN-10: 1-4051-4972-8 (pbk. : alk. paper)
1. Industrial hygiene–Law and legislation–England. 2. Industrial safety–Law and
legislation–England. 3. Labor laws and legislation–England. I. Thornbory, Greta. II. Title.
KD3168.L49 2006
344.4204′65–dc22
2006002368
A catalogue record for this title is available from the British Library
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To David for happy days
and
Sam, Linda, Bernie, Mary
Joan
To Carla and the future
Greta
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Contents
Foreword by Michael Bagshaw ix
Preface xi
Acknowledgements xii
Abbreviations xiii
Table of Cases xv
Table of Statutes xvii
Table of Statutory Instruments xix
Other Legal References xx
Introduction xxi
1 Recruitment and Pre-employment Health Assessment 1
Employment law perspectives 1
Preparing to recruit 3
Job descriptions 4
Advertising 5
Applications 7
Selection 8
Offers of employment 9
Occupational health perspectives 11
What is occupational health? 11
Risk assessments 12
Health assessment 19
Methods of health assessment 21
2 Records and Reports 25
Legal perspectives 25
The Data Protection Act 1998 25
Health records and confidentiality 30
Health reports 32
The Public Interest Disclosure Act 1998 34
The Human Rights Act 1998 37
Occupational health perspectives 38
The duty of confidentiality 38
Clinical audit 39
Writing reports 41
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vi Contents
3 Health Surveillance 44
Legal perspectives 44
What is health surveillance? 45
Health and safety policy 47
Legal redress: criminal cases 48
Legal redress: civil cases 51
Accident and incident reporting 55
Record keeping and accident books 57
First aid 57
Occupational health perspectives 58
Cooperation and communication 60
The effects of work on health 61
Regulations and health surveillance 62
Health surveillance for physical hazards 63
Occupational health action 67
Working with chemicals and hazardous substances 68
Summary 74
4 Occupational Health Services 76
Introduction of occupational health 76
Role and function of occupational health 77
Moral and ethical aspects of occupational health 77
Development of occupational health related law 78
Financial issues 78
Functions of an occupational health service 79
Occupational health professionals 81
Types of occupational health services 84
What services can occupational health offer? 85
Employment law perspectives 88
Discrimination and unfair employment practices 89
Travelling abroad 90
Stress, bullying and harassment 94
Working time regulations 99
Drugs and alcohol 101
Family-friendly working 105
Working from home 107
Cars and health 108
Summary 109
5 In Sickness and in Health 111
Absence management 111
Confidentiality 112
Handling sickness and absence 114
Achieving improved attendance 116
Frequent short-term absence 117
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Contents vii
Sickness during disciplinary and other internal proceedings 118
Longer-term ill health absence 119
Disability discrimination 120
Sickness absence management 124
Employment policies and protocols 125
Return to work policy 126
Sick pay and medical evidence 128
Medical suspension 132
Musculoskeletal disorders 132
Occupational health perspective 132
Employment law perspectives 134
Stress-related illness 137
Occupational health perspective 141
6 Termination of Employment 144
Employment law perspectives 144
Statutory procedures 144
Dismissal 145
Medical and occupational health advice 149
Employment tribunals 151
The expert witness 153
Advisory Conciliation and Arbitration Service (ACAS) 153
Age discrimination 154
Occupational health perspectives 158
Appendices
1: Occupational health service confidentiality policy 161
2: Sample pre-employment health assessment form 162
3: COSHH surveillance registration form 166
4: Management referral letter 167
5: Letter to employee requesting attendance at Occupational Health 169
6: Letter to GP or specialist requesting information 170
7: Employee consent for disclosure 171
8: Report form to management 172
9: Medical records and report consent form 173
10: Stress risk assessment example template 174
11: Sample protocol for compliance with the Data Protection Act 178
Glossary 183
Index 185
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Foreword
Employment law relating to occupational health has evolved a long way from
outlawing the sending of little boys up chimneys. The constitution of the occupa-
tional health provider has moved on from being a factory doctor assisted by a
nurse to being a team of health professionals with a wide range of experience and
expertise. Knowledge and understanding of employment law is now an essential
component of occupational health provision.
Occupational health deals with the effects of work on health and the effects of
health on the capacity to work. Work and the workplace have to be considered
first as a cause or contributor to disease and second as a place to return to after
work or injury. However, as the workplace has become less dangerous and the
prevalence of occupational disease has decreased, the occupational health team
has become increasingly involved with the effects that health may have on work.
The employer has statutory responsibilities for the protection of the health of
the workforce, as well as a general duty of care for the health and safety of
employees, which extends to the highest levels of management. The increasing
complexity of employment law and good work practice, together with the rising
expectations of employees and their lawyers, have required managers to consult
an increasingly wide range of publications and statutes to ensure the discharge of
duty of care.
This new handbook is written by a highly experienced occupational health
practitioner and a well respected and experienced employment law consultant. It
brings together in one book a practical and pragmatic guide on employment law
relating to occupational health, and will be the answer to the prayers of many
managers and their colleagues. It is a book to be consulted rather than read from
cover to cover, and consult it you will.
Michael BagshawMB MRCS FFOM DAvMed
Professor of Aviation Medicine, King’s College London
Formerly Head of Occupational & Aviation Medicine, British Airways plc
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