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Employment Law and Occupational Health: A Practical Handbook

ISBN: 978-1-4051-9783-0
238 pages
March 2010, Wiley-Blackwell
Employment Law and Occupational Health: A Practical Handbook (1405197838) cover image
'Employment Law and Occupational Health: A Practical Handbook' provides an essential guide to best practice for all occupational health practitioners.

This readable guide to the law will help to ensure both business success and respect for individual employment rights. The cost of sickness absence can present major costs and business management problems. Safeguarding health is therefore vital to both individuals and employers.

'Employment Law and Occupational Health' explores key issues in occupational health practice from pre-employment, through health surveillance and occupational health services, to termination of employment. Topics explored include ethical and confidentiality issues, discrimination, data protection, working abroad, pregnancy and maternity leave, workplace policies, drugs and alcohol testing, stress, counselling, health surveillance and professional conduct rules.

This second edition has been fully revised and updated to include a number of significant changes to employment law as well as new case law decisions that have occurred since the 1st Edition was published. Essential new material has also been included around age discrimination, disability discrimination, work related stress, corporate manslaughter and work-place bullying.

  • An accessible, practical guide to applying health law in everyday practice.
  • For occupational health nurses and other occupational health practitioners.
  • Addresses key employment issues from pre-employment to termination of employment.
  • Includes case studies, procedural checklists, and template letters and forms.
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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 dentiality Policy.

Appendix COSHH Health Surveillance Registration Form.

Appendix Management Referral Letter/Form.

Appendix Letter to Employee Requesting Attendance at Occupational Health.

Appendix Letter from Occupational Health to GP or Specialist.

Appendix Employee Consent to Disclosure.

Appendix Occupational Health Report Form to Management.

Appendix Medical Report Consent Form.

Appendix Risk Assessment Example Template: for Guidance on Evaluating Level of Risk.

Appendix Sample Protocol Outline: Data Protection.

Glossary.

Index.

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Joan Lewis is a consultant on employment law and human resources management.

Greta Thornbory is a consultant on occupational health and education.

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* An accessible, practical guide to applying health law in everyday practice.

* For occupational health nurses and other occupational health practitioners.

* Addresses key employment issues from pre-employment to termination of employment.

* Includes case studies, procedural checklists, and template letters and forms.

See More
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