The Legal Status and Liability of the Occupational Health Professional
May 2020
Studysummary This narrative discusses the legal responsibilities of occupational health professionals, emphasizing the importance of their employment status and potential liabilities, but reports no new results.
Our plain-language summary. Not medical advice or a treatment recommendation. Consult a qualified healthcare professional before changing treatment. Full disclaimer
Occupational health (OH) professionals needed to be clear about their classification as employees, workers, or self-employed contractors due to significant legal implications. They could be convicted of a crime if their lack of reasonable care put employees and others at risk. While they could not dictate management's actions regarding workforce protection, they were responsible for advising and warning about health and safety hazards and could be liable for negligence. Additionally, they had a duty to obtain informed consent for medical procedures by providing information a reasonable person in the patient's circumstances would want to know. OH professionals could also be held liable under the Equality Act if a disabled person was unreasonably denied a job.
