Diana Kloss

Occupational Health Law


Скачать книгу

on the medical aspects of rehabilitation and training for and placement in employment.

      1 the Workplace Health Expert Committee (WHEC). This committee was set up in 2015 under the chairmanship of Professor Sir Anthony Newman Taylor. Its remit is to give an independent expert opinion to the HSE on new, emerging and existing workplace health issues and the quality and relevance of the evidence base on workplace health issues.

      2 the Advisory Committee on Dangerous Pathogens (ACDP).

      The British Medical Association (BMA) defines an OH physician as

      a doctor who in relation to any particular workplace takes full medical responsibility for advising those working therein including contractors working on the site on all matters connected directly or indirectly with the work. These may have a bearing on health as it affects work and the effect of work on health including that of the public at large, either in general or as individuals. (The Occupational Physician)

      An OH physician must be a registered medical practitioner and hold a licence to practise. There is as yet no strict legal requirement that the OH physician should hold any other qualification than ordinary registration but employers are advised to ask for a qualification in occupational medicine. General practitioners who provide occupational health services part‐time should have the minimum qualification of the Diploma in Occupational Medicine (DOccMed). Those involved more comprehensively in occupational medical practice should obtain in addition Associate Membership of the Faculty of Occupational Medicine of the Royal College of Physicians (AFOM). Further experience and a dissertation enables a doctor to apply for membership of the Faculty (MFOM). The MFOM is a career specialist qualification and entitles the doctor to call himself a specialist or consultant. Specialist training in occupational medicine is prescribed by the Postgraduate Medical Education and Training Board and conforms to the requirements of the European Specialist Medical Qualifications Order 1995. The route to entry on to the Specialist Register of the General Medical Council (GMC) normally involves four years training in an approved post. Very senior practitioners may apply for Fellowship of the Faculty (FFOM).

      At least some medical schools now include occupational health training in the curriculum, but only for a few hours. The Faculty has developed a training course, leading to an examination, for physicians who do not need the full specialist qualification. This judges basic knowledge and competence in occupational medicine, with the award of a Diploma for successful candidates. It remains quite separate from the AFOM/MFOM which continues to be the route for those wishing to specialise in occupational medicine. It is likely that a court, in examining whether an employer had employed a competent doctor to give OH advice, would consider the Diploma to be the minimum qualification. A Diploma in Disability Assessment Medicine (DDAM) was created in 1999. The Faculty also offers a Diploma in Aviation Medicine (DAvMed).

       The duties of an OH physician

       visit the workplace and advise on the provision of safe and healthy conditions by informed scientific assessment of the physical and psychological aspects of the working environment

       promote compliance with relevant health and safety legislation

       help develop policies, practices and cultures that promote and maintain the physical, mental and social wellbeing of all workers

       assess the fitness of workers for specific tasks, ensuring a satisfactory fit between person and job, recommending suitable adjustments to enable a person to undertake the work they have been selected to perform safely and effectively, considering any health issues or disabilities they may have

       monitor the health of workers who are potentially exposed to hazards at work through health surveillance programmes

       analyse data from surveillance programmes using sound epidemiological methods to identify trends in worker health and recommend any remedial measures necessary to improve worker health

       advise employees and employers regarding work‐related health issues

       assess potential cases of occupational injuries and illness; investigating, managing and reporting individual cases appropriately and establishing if this is a single case or if there is a wider incidence

       manage immunisation programmes for workplace biological hazards and for business travellers

       work with employers to promote best practice in physical and mental health in the workplace to help prevent sick leave

       case manage workers who are on sick leave, working with other health professionals to ensure the earliest return of functional capacity and return to work

       recommend suitable alternate work in circumstances where a worker cannot perform their normal job, either temporarily or on a permanent basis because of a health problem

       determine whether employees satisfy the medical criteria for ill‐health retirement under the terms of the relevant pension fund rules

       ensure people have the necessary health information to undertake their work safely and to improve their own health

      It is important to understand that the physician has dual responsibilities to the patient and their employer. The role is therefore different to every other branch of medicine where the physician’s primary responsibility is to the patient.