Health surveillance is a vital part of workplace safety, focusing on monitoring employees’ health to identify early signs of work-related ill health and ensuring that workplace hazards are adequately controlled. But what are the legal requirements for health surveillance, and how can businesses make sure they’re compliant?
Understanding Health Surveillance
Health surveillance is a systematic approach to detecting and preventing health issues that could be caused or worsened by work activities. This could involve regular health checks, medical assessments and ongoing monitoring for symptoms related to exposure to hazards such as noise, vibration, chemicals or other environmental factors in the workplace.
The purpose is:
- To identify health issues early, helping prevent long-term damage.
- To assess the effectiveness of health and safety measures, identifying any further action needed to protect employees.
Legal Requirements in the UK
In the UK, health surveillance is governed by several key pieces of legislation, including:
- The Health and Safety at Work Act 1974: Employers must ensure, as far as is reasonably practicable, the health, safety and welfare of employees.
- The Management of Health and Safety at Work Regulations 1999: These require employers to assess risks and make arrangements for the health and safety of employees. Where risks cannot be eliminated, adequate control measures, including health surveillance, must be provided.
- The Control of Substances Hazardous to Health (COSHH) Regulations 2002: Under COSHH, health surveillance is required if there is a risk of exposure to hazardous substances that could cause illness, such as chemicals, fumes, dusts and biological agents.
- The Control of Noise at Work Regulations 2005 and The Control of Vibration at Work Regulations 2005: Employers must provide health surveillance where employees are regularly exposed to high levels of noise or vibration that could lead to hearing damage or musculoskeletal disorders.
The legal requirement for health surveillance arises when all of the following conditions are met:
- There is a known health risk associated with a particular workplace hazard.
- The risk of exposure remains even after control measures are applied (for example, personal protective equipment is still required).
- There are valid techniques available to identify early signs of the condition.
- There is a reasonable likelihood that the health condition could occur due to workplace exposure.
Practical Steps for Employers
To stay compliant, employers should:
- Conduct Risk Assessments: Identify any hazards that could pose a health risk. Examples included hazardous substances, loud noises or repetitive strain risks. A detailed risk assessment should outline the nature of the hazard, who could be affected and the likelihood of exposure.
- Decide on the Appropriate Surveillance: Based on the findings, determine if health surveillance is required and, if so, the most suitable methods. This can range from self-reporting questionnaires and regular medical check-ups to more specialised assessments.
- Engage Qualified Health Professionals: Health surveillance should be carried out by qualified occupational health professionals to ensure compliance and accuracy. For example, at Acorn Occupational Health, we can deliver structured health assessments tailored to specific workplace risks.
- Act on Results: Health surveillance not only identifies early signs of health problems but also highlights where additional control measures may be necessary. Employers must act on the results to prevent further health risks and ensure that controls are adequate.
What Happens if an Employer Doesn’t Comply?
Non-compliance with these requirements can lead to enforcement action, including improvement notices or, in severe cases, prosecution. Furthermore, failure to comply could expose employees to preventable health risks. This can lead to illness, lower morale, increased absenteeism and potential compensation claims.
Meeting legal health surveillance requirements not only fosters a safer workplace but also promotes a culture of care and responsibility. This proactive approach demonstrates to employees that their health and wellbeing are a priority. This can, in turn, boost morale and productivity.
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