Health and Safety in Employment Act 1992

36 Departmental medical practitioners may require medical examinations of employees

• If satisfied that—

  • (a) any employee is, has been, or may have been, exposed to a significant hazard while at work; and

  • (b) by examining the employee or causing a sample taken from the employee to be tested or analysed, it is likely to be possible to determine—

    • (i) whether or not the employee is or has been exposed to the hazard; or

    • (ii) the extent to which the employee is or has been exposed to the hazard; or

    • (iii) the extent to which the employee's health has been or may have been affected by exposure to the hazard,—

  a departmental medical practitioner may, by notice in writing to the employee, require the employee—

  • (c) to—

    • (i) be examined by a medical practitioner; and

    • (ii) provide to the departmental medical practitioner a certificate from the medical practitioner as to the employee's fitness for work; or

  • (d) to—

    • (i) allow a person (or person of a kind) specified in the notice to take from the employee a sample of a kind specified in the notice; and

    • (ii) have the sample tested or analysed by a person (or person of a kind) specified in the notice in a manner specified in the notice; and

    • (iii) provide the departmental medical practitioner with a written report from the person who tests or analyses the sample on the results of the tests and analyses done; or

  • (e) both.

  Section 36(c)(i): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 36(c)(ii): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).