atw: Re: Health Questionnaire?

Yes Peter, some good points in your post.
As you rightly deduce, psych testing and health testing due to hazardous
work conditions (eg: commercial diving, some outdoor adventure guiding,
pilots, military, policing, even coach driving) is quite legal. BUT. It MUST
be clearly spelt out to any candidate before they undertake the recruitment
process. 
So I am with you. Caution, caution, caution...

-----Original Message-----
From: austechwriter-bounce@xxxxxxxxxxxxx
[mailto:austechwriter-bounce@xxxxxxxxxxxxx] On Behalf Of Peter Rule
Sent: Friday, 18 August 2006 17:30
To: austechwriter@xxxxxxxxxxxxx
Subject: atw: Re: Health Questionnaire?


> Do you see it the same way?

Generally yes, but ...it depends.

"Duty of care" smells like they are worried about their negligence liability
(which is not a bad thing). And, to give them the benefit of the doubt, it
may be very important information in certain potentially dangerous
workplaces. In which case they may be negligent in providing someone who
they could reasonably foresee was clearly unsuitable in that workplace due
to their physical or psychological condition and that someone subsequently
got injured as a result of the "meeting " of that physical or psychological
condition and that particular workplace.

So... personally I think it depends very much on the workplace and the
questions they are asking.  Now if you are working down a mine, or on a
building site, or in Iraq or somewhere where your physical or psychological
condition or health issue may exacerbate a dangerous situation, then clearly
the agency has an obligation - a duty - to foresee that as a problem.

My guess is that you have a generic form that probably covers all manor of
workplaces; some of which it may be relevant, others not so.

Now is it relevant in your typical tech writer office type set-up? My guess
is probably not.  But it depends on the questions.  I'm sure the
"compulsory" is just something they've made up for their own purposes. Any
info you give is entirely voluntary.

Your business structure is probably not a determinant; as the agency can
still reasonably foresee regardless and will be simply covering all bases.
Having your own insurance is fine, but that wouldn't stop your insurer
trying to sue their insurer if they felt so inclined; what they are trying
to do is prevent this possibility.

If you think the questions are not relevant to the workplace then follow
your instincts; ask them to justify it and see what their response is (I'm
sure it would be " well its just that everyone has to do it").  If they
can't justify it then I'd give it the flick and see what happens. 

I'm generally pretty reluctant to give out any such detailed info and I
think you should be too. I can't remember ever being asked for such
information; although workplace injury may have been asked somewhere (It
just rings a bell).

"When in doubt, throw it out"!

Cheers,

Pete
-----Original message-----
From: Stuart Burnfield sburnf@xxxxxxxxxxx
Date: Fri, 18 Aug 2006 16:10:14 +1000
To: austechwriter@xxxxxxxxxxxxx
Subject: atw: Health Questionnaire?

> Hi all -
> 
> I just received a health questionnaire from the agency I'm working 
> through on my current contract. It says this is to assist the agency 
> "in meeting its duty of care to provide a safe work environment by 
> ensuring that our associates are only placed in assignments they are 
> capable of performing efficiently and safely."
> 
> The questions boil down to:
> - Do I have a physical or psychological condition that might preclude 
> me from certain workplace environments or duties?
> - Do I have or have I ever had any of (a list of injuries and 
> ailments)? ("It is COMPULSORY that you complete this information.")
> - Have I ever had a work related injury?
> 
> I'm currently working on contract for a Big Name Company. The BNC 
> doesn't take on contractors directly; all contractors are recruited 
> and paid through one of a panel of approved agencies. I have a Pty Ltd 
> company, so the arrangement is: me => my PLC => agency => client (the 
> BNC)
> 
> Has anyone come across one of these questionnaires recently? Offhand I 
> can't think why I would want to give out this personal information. 
> And I must admit, that COMPULSORY got my back up a little.
> 
> I'm not one of their associates, and there's no continuing 
> relationship by which I'm "placed in assigments"; just this single 
> (though often-extended) contract. I have my own PI and PL insurances 
> so I can't see why my (excellent, thank you) health is their concern.
> 
> I suspect this is a paperwork compliance issue that's come down from 
> their multinational parent company. Still, not my problem.
> 
> Do you see it the same way?
> 
> Cheers
> 
> Stuart
> 
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