Do Employers Have To Follow Occupational Health Recommendations?

All employers have a duty of care to protect the health and safety of their workforce. That said, they are not expected to know how to manage each and every ill-health scenario with their staff — that’s where assistance from an occupational health (OH) professional comes in. Following a detailed assessment, they draw on their industry experience to provide practical, pragmatic suggestions on how employers can support the physical and mental health of their team members. As this is an advisory service, it can leave many asking themselves, “Do employers have to follow occupational health recommendations?”

This article answers that question, so employers can make an informed decision when contacting an OH expert, like Healthier Workforce.

Why might an employer use occupational health?

Enlisting the help of an occupational health expert gives employers the confidence they are meeting their legal responsibilities and complying with safety standards, while also benefiting from increased productivity as a result of lower sickness absence amongst their workforce. 

By taking this proactive approach, employers are showing their teams that they are investing in their well-being which is also attractive to new talent, too. 

The reasons why employers might use occupational health include:

• An employee is struggling with their physical or mental health
• Making suitable adjustments for a disabled employee
• An employee has been off sick for a long time
• An employee is returning back to work after sickness absence

To support these scenarios, occupational health experts, such as Healthier Workforce, provide a wide range of services, including occupational health assessments, assistance with your company sickness absence policy, health surveillance and occupational health referrals. 

Do employers have to follow occupational health recommendations?

Occupational health assessments are specially designed to identify work-related health risks and provide recommendations as operationally feasible. While these recommendations aren’t compulsory, they ensure employers are fulfilling their legal duties so it is strongly advised that guidance is followed and suggestions are implemented. If this isn’t done, employers stand the risk of discriminating against their employees or causing their condition to worsen. 

In cases where employers don’t feel they are able to facilitate the recommendations put forward, they should ask for further support from the OH professional to discuss alternative options they can implement instead, so that they are still meeting their duty of care.

What power does occupational health have?

As mentioned, occupational health assessments are carried out on a consultative basis, meaning it is down to the employer to choose what actions they take based on the OH report. Although this is not compulsory, it must be stressed that the involvement of occupational health is to improve well-being and safety standards in the workplace and by following their guidance, employers will stay compliant and benefit from a happier, healthier workforce. 

What are employee rights when it comes to occupational health? 

As an employer, it is also important to understand employee rights when it comes to occupational health before proceeding. As discussed in our previous article, employees are within their rights to refuse an OH assessment if it is not deemed to be related to their job role. However, if the assessment is considered imperative to the job, then it must be carried out correctly and any recommendations adhered to. 

When it comes to OH involvement, a clear, honest line of communication is key as this helps to reassure the employee that this is not a negative reflection of them or punishment, rather the aim of the assessment is to support the health and well-being of the employee.

If the employee has any concerns regarding the process, they must discuss them with their employer or occupational health professional so they can be addressed to achieve the most beneficial outcome for all parties involved. Once an OH assessment has been completed, the employee can request to see the report before it is sent to their employer so they can review its accuracy and raise any concerns about the information included with the OH provider first. 

Although an employee can refuse an OH assessment, it’s important that they understand this can negatively impact their future in their role. For example, if their employer believes that their physical or mental health is affecting their ability to carry out the duties required for their job and putting their safety in jeopardy, they are within their rights to take a course of action they consider most appropriate, which could include dismissal. 

Here at Healthier Workforce, we have the key to unlock your business’ full potential with our wide range of occupational health services. Whether you know what you require from us or need some guidance, our wealth of experience means that we can tackle any situation, no matter the size of your company or the sector it belongs to. 

Take that first step to a happier, more motivated team by contacting our experts today.