When considering the introduction of a health screening program some concerns have arisen relating to work related illness (illness developed as a result of work duties) v general illness (no indication that illness developed as a result of work duties).

Where a Company Health Screening programme identifies that an employee has a general medical condition/illness which can either inhibit the employee from carrying out normal work duties or, through risk assessment it is agreed that normal work duties may have a negative impact/effect on the employees long term health, what is the legal duty of the employer?

Posted in : First Tuesday Q&A ROI on 5 March 2013
Zelda Cunningham
Arthur Cox

Whether diagnosed through a company health screening programme or by the Employee’s own doctor, the Safety, Health and Welfare at Work Act 2005 (the “Act”) places an obligation on employers to take measures that are ‘reasonably practicable’ to safeguard the health and safety of employees at work. Such measures must be implemented on the basis of the employer having undergone a risk assessment, such as an employee health screening programme.

The Act obliges employers to respond to the risks identified in the risk assessment, meaning that where an employer becomes aware that an employee is

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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