Employment agreement guide

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Health and Safety

10.1 General Obligations
All employers and employees are covered by the Health and Safety in Employment Act, regardless of its inclusion in the employment agreement. Including clauses that are specific to hazards in individual workplaces in your employment agreement can draw both parties attention to areas where particular might be needed.

General Health and Safety Obligations

Both the Employer and the Employee shall comply with their obligations under the Health and Safety in Employment Act 1992. This includes the Employer taking all practicable steps to provide the Employee with a healthy and safe working environment. The Employee shall comply with all directions and instructions from the Employer regarding health and safety and shall also take all reasonable steps to ensure that in the performance of their employment they do not undermine their own health and safety or the health and safety of any other person.
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10.2 Policies

Health and Safety Policies

The Employee shall ensure they are familiar with the Employer's health and safety policies, and any modifications to those policies that may be introduced from time to time.
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10.3 VDU and Work Station

VDU and work-station requirements

Because the Employee will be using a computer as part of their job, the Employer and Employee shall consult about the hazards represented by the equipment and the work environment to ensure that both parties have regard to the recommendations set out in the Department of Labour Approved Code for the Safe Use of Visual Display Units.
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10.4 Chemical Use

Chemical Use

As part of the Employee's job, the Employee will come into contact with chemicals for time to time. The Employer shall provide appropriate equipment, information and training for dealing with the chemicals in question. The Employee shall take all reasonable precautions at all times when dealing with chemicals to ensure that safe and appropriate practices are followed. In addition, the Employee shall comply with all health and safety directions and policies of the Employer.
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10.5 Lifting

Lifting

Because manual handling tasks are a significant part of the Employee's job, the Employer and Employee shall consult about the hazards represented by the tasks, to ensure that both parties have regard to the recommendations set out in the Department of Labour Approved Code for Manual Handling.
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10.6 Drug Testing

Drug Testing

Where the Employer has reasonable grounds for suspecting that the Employee is under the influence of illegal drugs while at work, the Employer may require the Employee to undergo a non-intrusive drug test (a urine test) which will be conducted by a registered medical professional. The testing process followed will be such as to ensure a safe and accurate test.

In deciding whether to conduct a test the Employer shall have regard for any comment by the Employee. On receipt of a positive test the Employer shall discuss the results with the Employee and take into consideration any explanation received before any outcome is decided upon.
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10.7 EAP Assistance

EAP Assistance

The Employer has an Employee Assistance Programme in place. In the event the Employee considers that they require or could benefit from EAP support they should feel free to contact the EAP representative on [insert telephone number]. Where the Employer has reasonable grounds for concern regarding the Employee's wellbeing, it shall be entitled to suggest that the Employee contact EAP.
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10.8 Counselling Assistance

Counselling Assistance

The Employer [has on staff/engages from time to time -delete one:has on staff:engages from time to time] a counsellor to provide support and assistance to its employees. In the event the Employee considers that they require or could benefit from Counselling support they should feel free to contact the Counsellor on [insert telephone number]. Where the Employer has reasonable grounds for concern regarding the Employee's wellbeing, it shall be entitled to suggest that the Employee contact Counselling Assistance.
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10.9 Medical Examination
This clause specifically relates to situations where the Employer has genuine reason to believe that the medical condition of the employee presents a health & safety risk. It cannot be used as a general right to require medical examinations.

Medical Examination

The Employer shall be entitled to require the Employee to undergo a medical examination, at the Employer's cost, by a registered medical practitioner nominated by the Employer.

Such requirement should be used where the Employer has reasonable grounds for concern that the Employee's health is affecting their safety at work, or the safety of others in the workplace.
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