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?

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 unfit for particular duties/responsibilities, the employer must consider redeploying the employee to a