Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 72
4.05. In the absence of such criteria, the occupational health professional should
guide the
employer
on
the
requirements
of
the
health
assessment. Occupational health professionals involved in setting such criteria
should ensure that they are, as far as possible, based on capability and are
underpinned by robust evidence.
4.06. There are some circumstances where the fitness standard is defined by the
regulator, or by industry recognised criteria. Medical standards are potentially
discriminatory and must be justifiable to an employment tribunal or similar
statutory body. Pre-employment medical standards should be transparent and
available to applicants during the recruitment process so that they do not have
unrealistic expectations of a job offer.
4.07. In most circumstances, lengthy health questionnaires are unlikely to be of
benefit. Occupational health professionals should ensure that questionnaires
ask only relevant questions. Asking health questions before an offer of
employment has been made may be interpreted as being discriminatory. 48
4.08. However, legislation sets out limited situations where questions may be asked
about health before offering a job:
To establish whether the applicant can participate in an assessment.
To determine whether reasonable adjustments are needed for any part of the
recruitment process.
To find out whether the applicant can carry out a function that is intrinsic to the
job.
4.09. Health questionnaires should be designed by health professionals. The
interpretation of clinical information must be left to a suitably qualified health
professional, and only they should have access to such details.
4.10. The offer of work may be made subject to health clearance, permitting the use
of health questions after a job offer has been made but before the
worker commences the role. If the health assessment is not completed before
employment commences, an occupational health opinion cannot be provided
on a ‘pre-employment’ basis. In these circumstances, the organisation assumes
responsibility for any associated fitness concerns and will need to manage any
issues that arise through its standard employment and probationary
procedures.
Page | 71
