We are still hearing still of companies sending out and appraising health questionnaires as part of a selection process before a job offer is made. This is now of course illegal and is also pointless for a couple of reasons:-
- Non medical/non OH trained individuals cannot make a fair assessment of any health condition. Consequently any decision not to offer a job on this kind of assessment may be deemed to be legally unfair.
- Past health is no indicator of future health and reasonable adjustments can often be advised which will render the employee fully able to comply with the requirements of a role.
I have summarised a simple process to make sure you get this right every time.
PRE PLACEMENT SUMMARY
Job offer made to successful candidate.
Do you have any health/medical problems or physical limitations which may affect your ability to carry out this role?
Have you ever had any health/medical problems which may have been made worse by work?
Are you having or waiting for any investigations/tests or on any long term prescribed medication (excluding contraception)?
Do you need any special adjustments to allow you to undertake this role?
OH advised so that face to face appointment or telecon is arranged to complete full health questionnaire and establish if adjustments are needed.
Refer to OH for appointment only if new starter is required to join health surveillance programme as required by HSE Regulations in relation to risk assessment.
Reasonable adjustments have to be reasonable and you are entitled to take the OH advice you are paying for over that of a GP.
If a reasonable adjustment takes out a key part of the role, such as being advised crane driver should not work at heights, you can withdraw any offer of employment.