11 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 4.5 Sex discrimination 4.6 Racial and religious discrimination 4.7 Rehabilitation of offenders 4.8 Does the job applicant have to answer the employer’s questions? 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 1999 4.15 Drugs and alcohol testing 4.16 Genetic testing
12 5 Health and Safety at Work 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 Act 1974 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 1999 5.15 Workplace (Health, Safety and Welfare) Regulations 1992 and ACOP 5.16 Provision and Use of Work Equipment Regulations (PUWER) 1998 5.17 Personal Protective Equipment at Work Regulations 2002 5.18 Manual Handling Operations Regulations 1992 5.19 Health and Safety (Display Screen Equipment Regulations) 1992, amended 2002 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)
13 6 The Law of Compensation 6.1 The challenge 6.2 State benefits 6.3 Civil liability 6.4 A compensation culture? 6.5 The cause of action 6.6 Breach of statutory duty 6.7 Negligence 6.8 Noise induced hearing loss 6.9 Hand–arm vibration syndrome 6.10 Work‐related upper limb disorder 6.11 Work‐related stress 6.12 Health and Safety Executive guidance 6.13 Post‐traumatic stress disorder 6.14 Damage 6.15 Causation 6.16 Vicarious liability 6.17 Liability of the employer to non‐employees 6.18 Duty to the unborn child 6.19 Assumption of risk and the fault of the claimant 6.20 Attempts to exclude liability 6.21 Paternalism 6.22 Several potential defendants 6.23 Product liability 6.24 Damages 6.25 Fatal accidents 6.26 Exemplary damages 6.27 Limitation of actions
14 7 Employment Law 7.1 Introduction 7.2 The contract of employment
