Occupational Health Law / Edition 5

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Kloss on 'Occupational Health Law' has become the standard reference work on the subject since it was first published in 1989. Detailed but highly readable, it provides an essential source of information for health professionals working in occupational health and also for human resources staff. In the years since the 4th edition was written there have been many changes in the field of occupational health, which has achieved a higher profile nationally with the publication of Dame Carol Black's review of the health of Britain's working age population in 2008. This edition, which has been fully revised, includes new sections on age discrimination and expert witnesses, and the sections on discrimination, especially disability discrimination, the Working Time Regulations, stress related illness, corporate manslaughter and confidentiality, in particular, have been substantially updated.

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Editorial Reviews

From the Publisher
"Diana Kloss writes with great authority on occupational healthlaw. With experience gained as honorary senior lecturer, barrister,part-time employment judge, arbitrator, member of the IndustrialInjuries Advisory Council and chair of the Council for Work andHealth, she covers a wide range of topics with great authority,backing up her assertions with solid references to research andcase law. " (Nursing Standard, 16 March 2011)

"In summary, this is an essential reference source for thoseworking in occupational health. It is expensive, yet representsgood value for money. Given the implications of law foroccupational medicine practice, this is essential reading for OHphysicians." (Occupational Medicine, 2 0 1 0)

"The delight of OHL is that it caters for experts and those new tothe subject.  The opening chapter is an excellent introductionto the way law works.  Thereafter, it follows a logical paththrough medical records and pre-employment screening, to health andsafety and discrimination law.  It remains an invaluable andenjoyable text." (Occupational Health at Work,July-August 2010)

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Product Details

  • ISBN-13: 9781405185905
  • Publisher: Wiley
  • Publication date: 5/3/2010
  • Edition description: New Edition
  • Edition number: 5
  • Pages: 400
  • Sales rank: 1,395,420
  • Product dimensions: 7.70 (w) x 9.70 (h) x 1.10 (d)

Meet the Author

Professor Diana Kloss MBE is Chair of the UK Council for Workand Health, a barrister and former part-time employmentjudge.  She is visiting professor at London South BankUniversity, Honorary Senior Lecturer in Occupational Health Law inthe University of Manchester, and has considerable experience ofemployment law and occupational health law, both in practice and asa lecturer and researcher.  Diana is an ACAS arbitrator andmediator and a former member of the Industrial Injuries AdvisoryCouncil.  She has been appointed as a member of one of theNICE Public Health Advisory Committees.  In 2009 she wasappointed MBE for services to occupational health. 

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Table of Contents

Preface to the Fifth Edition


Table of Cases

Table of Statutes

Table of Statutory Instruments

General Introduction

Law and ethics

The sources of English law

Judicial review of administrative action

Criminal and civil law

The geographical extent of the law

The law of the European Union

The European Convention on Human

Rights and the Human Rights Act 1998

International Labour Organization

1 The Provision of Occupational Health Services

1.1 The development of occupational health services

1.2 The legal obligations of the employer

1.3 Who pays?

1.4 The Employment Medical Advisory Service and AppointedDoctors

1.5 The occupational health physician

1.6 The occupational health nurse

1.7 The inter-disciplinary nature of occupational health

1.8 The relationship between the occupational health service andthe general practitioner

2 The Legal Status and Liability of the OHProfessional

2.1 Servants and independent contractors

2.2 Liability for criminal acts

2.3 Liability for negligence

2.4 Liability to the workers

2.5 Duties under the Disability Discrimination Act 1995

2.6 Professional standards

2.7 Consent to medical treatment

2.8 Liability to the employer

2.9 Liability to the public

2.10 Health care workers with blood-borne viruses

2.11 Professional indemnity

2.12 The conduct of research

2.13 Expert witnesses

2.14 The rights of occupational health professionals

3 Medical Records and Confidentiality

3.1 The ownership of records

3.2 How long should records be kept?

3.3 The duty of confidence

3.4 The consent of the patient

3.5 Relationship with other health professionals

3.6 Medical audit

3.7 Disclosure of information to researchers

3.8 Disclosure in the public interest

3.9 Legal obligation to disclose information

3.10 Legal obligation to reply to questions

3.11 Legal professional privilege

3.12 Pre-trial disclosure in civil proceedings

3.13 Confidential information in the courts

3.14 Expert witnesses

3.15 The patient’s right to know

3.16 Computer records and data protection

3.17 Information Commissioner’s Employment Practices DataProtection Code: Information about Workers’ Health

3.18 Human Rights Act and privacy

3.19 Freedom of Information Act 2000

3.20 The employer’s confidence

3.21 Official secrets

3.22 Defamation

4 Pre-Employment Screening and Health Surveillance

4.1 The purpose of ‘medical assessment’

4.2 Pre-employment health screening

4.3 Human Rights Act 1998

4.4 Disability Discrimination Act 1995

4.5 Sex Discrimination Acts 1975 and 1986

4.6 Race Relations Act 1976

4.7 Rehabilitation of Offenders Act 1974

4.8 Does the job applicant have to answer the employer’squestions?

4.9 Examination for entry to the pension scheme

4.10 Surveillance of the existing workforce

4.11 Levels of routine health surveillance

4.12 Legal duty to provide health surveillance

4.13 Control of Substances Hazardous to Health (COSHH)Regulations 2002

4.14 Management of Health and Safety at Work Regulations 1999and ACOP

4.15 Drugs and alcohol testing

4.16 Genetic testing

5 Health and Safety at Work: the Criminal Law

5.1 Criminal sanctions

5.2 Health and Safety Executive

5.3 Health and safety statutes

5.4 Reasonable practicability

5.5 Civil liability

5.6 The powers of the inspectorate

5.7 Crown immunity

5.8 General duties under the Health and Safety at Work Act1974

5.9 Safety representatives and safety committees

5.10 Access to information

5.11 The control of substances hazardous to health

5.12 Control of Noise at Work Regulations 2005

5.13 The 1992 regulations

5.14 Management of Health and Safety at Work Regulations 1999and ACOP

5.15 Workplace (Health, Safety and Welfare) Regulations 1992 andACOP

5.16 Provision and Use of Work Equipment Regulations (PUWER)1998

5.17 Personal Protective Equipment at Work Regulations 1992

5.18 Manual Handling Operations Regulations 1992

5.19 Health and Safety (Display Screen Equipment Regulations)1992

5.20 Control of Vibration at Work Regulations 2005

5.21 Protection of the environment

5.22 EU Regulation on the Registration, Evaluation,Authorisation and Restriction of Chemicals (REACH)

6 The Law of Compensation: Welfare Benefits

6.1 The purposes of a system of compensation

6.2 An outline of the scheme

6.3 The benefits available

6.4 Making a claim

6.5 Review of decisions

6.6 Compensation for accidents

6.7 Accidents on the way to work

6.8 Accidents during breaks from work

6.9 Emergencies

6.10 Compensation for prescribed diseases

6.11 Sequelae

6.12 Recrudescence

6.13 Pneumoconiosis

6.14 Assessment of disablement

6.15 Loss of faculty

6.16 Disablement

6.17 Multiple disabilities

6.18 Reduced earnings allowance (REA)

6.19 Incapacity for work

6.20 The regular occupation

6.21 Alternative employment

6.22 Subsequent ill-health

7 The Law of Compensation: Civil Liability

7.1 The tort action

7.2 A compensation culture?

7.3 The employer’s duty of care

7.4 What is negligence?

7.5 Post-traumatic stress disorder

7.6 Breach of statutory duty

7.7 Liability for the negligence of others

7.8 Causation

7.9 Liability of the employer to non-employees

7.10 Duty to the unborn child

7.11 Assumption of risk and the fault of the claimant

7.12 Paternalism

7.13 Several potential defendants

7.14 Attempts to exclude liability

7.15 Product liability

7.16 Damages

7.17 The living claimant

7.18 Fatal accidents

7.19 Exemplary damages

7.20 Limitation of actions

7.21 Alternatives to the tort-based system

8 Employment Law

8.1 Introduction

8.2 The contract of employment

8.3 Contractual sick pay

8.4 Statutory sick pay (SSP)

8.5 Proof of sickness

8.6 The control of absenteeism

8.7 Notification to the employer

8.8 The employer’s right to suspend

8.9 Medical suspension

8.10 Changes in contractual terms

8.11 Transfer of undertakings

8.12 The right to dismiss

8.13 The concept of dismissal

8.14 The reason for the dismissal

8.15 Dismissal for incompetence

8.16 Ill-health dismissals

8.17 Medical reports

8.18 Ill-health retirement

8.19 ‘No illness’ agreements

8.20 Disabled workers

8.21 Dismissal for misconduct

8.22 Ill-health and misconduct

8.23 The role of occupational health in disciplinaryproceedings

8.24 Selection for redundancy

8.25 Contravention of a statute

8.26 Default retirement age

8.27 Some other substantial reason for dismissal

8.28 The importance of procedure

8.29 The right to refuse to work in unsafe conditions

8.30 Whistleblowers

8.31 Time off for trade union activities

8.32 Working Time Regulations 1998

9 Equal Opportunities

9.1 The concept of discrimination

9.2 Direct and indirect discrimination

9.3 Victimisation

9.4 Harassment

9.5 Gender reassignment

9.6 Proof of discrimination

9.7 Remedies

9.8 Special laws protecting women workers

9.9 Pregnancy dismissals and maternity leave

9.10 Maternity pay

9.11 Parental leave and time off for dependants

9.12 Children and young persons

9.13 Workers with a disability

9.14 The definition of disability

9.15 Types of disability discrimination

9.16 Discrimination by association

9.17 Justification of disability-related and indirectdiscrimination

9.18 Reasonable adjustments

9.19 Occupational Health and the DDA

9.20 Age discrimination

Appendix A: Reporting of Injuries, Diseases and DangerousOccurrences Regulations 1995, Schedule 3

Appendix B: Control of Substances Hazardous to HealthRegulations 2002, Regulation 11 and Schedule 6, and Approved Codeof Practice paragraphs 211–238

Appendix C: Social Security (Industrial Injuries) (PrescribedDiseases) Regulations 1985

Appendix D: Management of Health and Safety at WorkRegulations 1999, Regulation 6, and Approved Code of Practice,paragraphs 41–45

Appendix E: Disability Discrimination Act 1995: Guidance onmatters to be taken into account in determining questions relatingto the definition of disability (excerpts)



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