S.L. 452.87 Art. 10Health assessment and transfer of night workers to day work.

(1) Prior to assigning a worker to carry out night work and at regular intervals thereafter, it shall be the duty of an employer to take the necessary measures to ensure that the worker concerned undergoes a suitable health assessment to determine the worker’s health status in order to ascertain fitness for the proposed work:

Provided that an employer shall repeat the health assessment after a reasonable length of time has elapsed since a previous assessment or whenever there has been a change in the working environment or in the health status of the worker.

(2) No person shall disclose a health assessment made for the purposes of this regulation to any person other than the worker to whom it relates, unless -

(a) the worker has given his consent in writing to the disclosure, or

(b) the disclosure is confined to a statement that the assessment shows the worker to be fit or unfit as the case may be prior to undertaking an assignment, or to continue to undertake an assignment.

(3) Where -

(a) a registered medical practitioner has advised an employer that a worker employed by the employer is suffering from health problems which the practitioner considers to be connected with the fact that the worker performs night work, and

(b) it is possible for the employer to transfer the worker to work -

(i) to which the worker is suited, and

(ii) which is to be undertaken during periods such that the worker will cease to be a night worker, the employer shall transfer the worker accordingly.

(4) The employer shall not levy or permit to be levied on any worker any charge or deduction in wages in respect of anything done pursuant to any measure required by these regulations.