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1.7.3 Employee Cooperation (Regulation 9(5))

Primary Legislation

  • Document the refusal
  • Explain the importance and legal requirement
  • Consider whether the employee can continue in the role (as the employer cannot demonstrate they are meeting their duty of care without surveillance data)

An employee to whom Regulation 9 applies must, when required by the employer and at the employer's cost, present themselves during working hours for health surveillance procedures.

  • Document the refusal

  • Explain the importance and legal requirement

  • Consider whether the employee can continue in the role (as the employer cannot demonstrate they are meeting their duty of care without surveillance data)

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