Employment Law and Occupational Health

Joan Lewis is a consultant on employment law and humanresources management. Greta Thornbory is a consultant on occupational healthand education.

Preface. Acknowledgements. Abbreviations. Table of Cases. Table of Statutes. Table of Statutory Instruments. Other Legal References. Forewords. Introduction. 1. Recruitment and Pre-employment Health Assessment. Employment law perspectives. Preparing to recruit. Job descriptions. Advertising. Applications. Selection. Offers of employment. Occupational health perspectives. What is occupational health? Health assessment. Assessing the risks. Methods of pre-employment health assessment. Summary. References. 2. Records and Reports. Employment law perspectives. The Data Protection Act. Health records and confidentiality. Medical reports. The Public Interest Disclosure Act. The Human Rights Act. Occupational health perspectives. The duty of confidentiality. Clinical audit. Writing reports. Summary. References. 3. Health and Safety at Work. Employment law perspectives. The common law. The Employers Liability (Compulsory Insurance) Act. The Health and Safety at Work Act. Key regulations summary. Risk and hazard controls. Fire safety. Risk assessments. Health surveillance. Health and safety policy. Accident and incident reporting. First aid. Prosecution for health and safety offences. Legal redress: civil cases. Occupational health perspectives. Co-operation and communication. The effects of work on health. Occupational health and health surveillance. Health surveillance for physical hazards. Occupational health action. Working with hazardous substances. Business travel and health surveillance. Summary References. 4. Occupational Health Services. Employment law perspectives. Discrimination and unfair employment practices. Travelling abroad. Stress, bullying and harassment. Elements of causation of stress-related illness. Vicarious liability. Working Time Regulations. Drugs and alcohol. Family friendly working. Working from home. Cars and health. Occupational health perspectives. The role and function of occupational health services. Moral and ethical aspects of occupational health. The development of occupational health related law. Financial issues. Functions of an occupational health service. Occupational health professionals. Types of occupational health services. What do occupational health services offer? Summary. References. 5. Managing Absence and Rehabilitation. Employment law perspectives. Managing sickness and absence. Achieving improved attendance. Sickness during disciplinary and other internal proceedings. Frequent short-term absence. Longer term, ill-health absence. Disability discrimination. Absence management policy. Rehabilitation. Sick pay and medical evidence. Medical suspension. Musculoskeletal disorders. Stress-related illness. Occupational health perspectives. Musculoskeletal disorders. Stress-related illness. Principles of rehabilitation and case management. Pandemics. Summary. References. 6. Termination of Employment. Employment law perspectives. Procedural standards. Dismissal. Persistent absence problems. Capability dismissal. Retirement. Age-related retirement. Redundancy. General. Medical and occupational health advice. Employment tribunals. The expert witness. Alternative dispute resolution. Occupational health perspectives. Retirement advice. Disability analysis. Support from occupational health. Summary. References. Appendix Occupational Health Service Confi dentialityPolicy. Appendix COSHH Health Surveillance Registration Form. Appendix Management Referral Letter/Form. Appendix Letter to Employee Requesting Attendance atOccupational Health. Appendix Letter from Occupational Health to GP orSpecialist. Appendix Employee Consent to Disclosure. Appendix Occupational Health Report Form toManagement. Appendix Medical Report Consent Form. Appendix Risk Assessment Example Template: for Guidance onEvaluating Level of Risk. Appendix Sample Protocol Outline: Data Protection. Glossary. Index.