Safety, Health and Welfare at Work (General Application) Regulations 2007

Health assessment and transfer to day work.


157. (1) An employer,

(a) before employing a person as a night worker, and

(b) at regular intervals during the period that that person is employed as a night worker,

shall make available to that person, free of charge, an assessment by a registered medical practitioner, or a person under the practitioner's supervision, in relation to any adverse effects of that night work on the night worker’s health.

(2) In discharging the duty under paragraph (1) the employer—

(a) may take into account any entitlement to an assessment referred to in that paragraph that is provided by the State, and

(b) shall facilitate the night worker's attendance at the assessment if so required.

(3) The person who performs an assessment referred to in paragraph (1) shall—

(a) endeavour to detect if the health of the employee concerned is being or will be adversely affected by the fact that the employee performs or will perform night work, and

(b) on the completion of the assessment, inform the employer and employee concerned—

(i) of the opinion of the person who performs the assessment as to whether the employee is fit or unfit to perform the night work concerned, and

(ii) if that opinion is that the employee is unfit to perform that night work by reason only of the particular conditions under which that work is performed suggesting changes in those conditions that could be made so that the employee could be considered fit to perform that night work.

(4) Neither a registered medical practitioner nor a person acting under his or her supervision shall disclose—

(a) the clinical details of the assessment referred to in paragraph (1) to any person other than the employee concerned or a person designated under section 63 of the Act, or

(b) the opinion of the registered medical practitioner of such an assessment to any person other than the employee and employer concerned.

(5) If a night worker—

(a) becomes ill or otherwise exhibits symptoms of ill-health, and

(b) that illness is or those symptoms are recognised as being connected with the fact that the night worker performs night work,

the employer, whenever possible, shall assign duties to the employee that do not involve performing any night work and to which the employee is suited.