S.L. 452.90 Art. 5Health assessment and transfer of crew members to day work.

(1) Without prejudice to more detailed obligations relating to health surveillance of crew members which may be required under other legislation, it shall be the duty of an employer, to take the necessary measures to ensure that a crew member undergoes a suitable health assessment to determine the crew member's health status in order to ascertain fitness for the proposed work, prior to assigning work to such a crew member: 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 the results of 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) An employer shall, whenever possible, transfer a crew member to day work to which he is suited, which shall not necessarily be on board a civil aircraft, when an employer has been informed by his medical advisers that a crew member employed by the employer is suffering from health problems which are connected with the performance of night work by the crew member.

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