🇬🇧 United Kingdom 🇬🇧 United Kingdom · Equality Act 2010 · Med 3 · COSHH reg 11

Fitness for work + sickness certification

UK occupational fitness model: "may be fit for work" fit note (Med 3), reasonable adjustments under Equality Act 2010, and statutory health surveillance triggered by COSHH reg 11 plus substance-specific regulations.

"May be fit for work" — the central UK concept

The Med 3 fit note offers two options: "not fit for work" or "may be fit for work" with suggested adjustments. The latter is the UK return-to-work cornerstone: Good Work principle (Waddell) — early return with adjustments beats prolonged absence.

'May be fit for work' fit note (Med 3) is the main UK mechanism to convey suggested adjustments to employer; OH report supplements with detail (with consent).

Interactive decision-support wizards

Three operational tools — local computation, no patient data stored. Each suggests options under the physician's clinical judgement.

Equality Act 2010 — disability + duty to adjust

Disability definition (s.6)

Physical or mental impairment with SUBSTANTIAL and LONG-TERM (>=12 months expected) adverse effect on ability to carry out normal day-to-day activities

12-month long-term threshold differs from US ADA "substantially limits".

Duty to make adjustments (s.20)

Triggered when a disabled employee/applicant is placed at substantial disadvantage by: (a) provision/criterion/practice, (b) physical feature, (c) lack of auxiliary aid. Employer must take such steps as reasonable.

Employer decides "reasonableness" — OH role is to advise, not impose.

Typical reasonable adjustments (14)

Catalogue from Acas guidance + EHRC code of practice. OH report supplements the fit note's "may be fit" suggestions with detail (with worker consent).

UK-ADJ-LIFT-LIMIT Lifting limit (specify weight/duration)
UK-ADJ-FLEX-HOURS Flexible hours / phased return
UK-ADJ-NO-NIGHT Day-only working / no night shift
UK-ADJ-FREQUENT-BREAKS Frequent / additional rest breaks
UK-ADJ-SIT-STAND Option to sit during standing role (or stand during sitting)
UK-ADJ-REMOTE-WORK Home / hybrid working
UK-ADJ-EQUIPMENT Equipment modification (ergonomic chair, voice recognition, screen reader, DSE assessment)
UK-ADJ-REASSIGN-EXPOSURE Reassignment away from specific exposure (e.g. asthmagen, ototoxin)
UK-ADJ-PARKING Reserved/closer parking
UK-ADJ-MENTAL-HEALTH Mental health adjustments (workload review, manager check-ins, time off for therapy)
UK-ADJ-PHASED-RTW Phased return after sickness absence ('may be fit' fit note)
UK-ADJ-REDEPLOYMENT Redeployment to a vacant suitable role (last-resort adjustment)
UK-ADJ-ACCESS Physical access adjustments (ramps, lifts, doors)
UK-ADJ-COMMUNICATION Communication aids (BSL interpreter, hearing loop, large print)

Fit note process (Med 3)

Self-certification first, then a qualifying HCP. The 2022 extended issuer scheme added nurses, OTs, pharmacists and physiotherapists — no longer doctor-only.

Day 1-7

Self-certification (employee statement; SC1/SC2)

Day 8+

Fit note (Med 3) issued by qualifying HCP — 'not fit for work' OR 'may be fit for work' (with adjustments)

  • Phased return
  • Altered hours
  • Amended duties
  • Workplace adaptations

Max duration single note: Up to 3 months in first 6 months, then up to 1 year

Statutory Sick Pay (SSP) — 2026/27

Rate

£123.25/week OR 80% of average weekly earnings (whichever is LOWER) — Employment Rights Act 2025 introduced earnings-based calc

Duration

Up to 28 weeks per period of incapacity

Waiting days

ABOLISHED from 6 April 2026 — SSP payable from day 1 (Employment Rights Act 2025; was first 3 qualifying days unpaid before)

Lower earnings threshold

REMOVED from 6 April 2026 — more workers including part-time + lower-paid qualify

After SSP exhausted: Form SSP1 → claim 'new style' Employment and Support Allowance (ESA) from DWP

Employment Rights Act 2025 — effective 6 April 2026 — abolished the 3 waiting days + lower earnings threshold.

Occupational Health role

OH report supplements GP fit note with detailed advice on capability + adjustments (with consent shared with employer). 'Good Work' (Waddell) principle — early return with adjustments better than prolonged absence.


Statutory health surveillance — COSHH reg 11 + specific regs

UK surveillance is triggered when exposure is liable to cause an identifiable disease/effect, OR by substance-specific regulations. Health records kept 40 years (COSHH reg 11).

Lead

UK-SURV-LEAD

Reg: CLAW 2002

Trigger: Significant lead exposure

  • Blood lead (Pb-B) by Appointed Doctor
  • Suspension per L132 Table 5: women repro capacity 30 µg/dL, young persons under 18 50 µg/dL, other employees 60 µg/dL. EU 2024/869 lowers further (15 µg/dL long term) — UK post-Brexit adoption pending.

Asbestos

UK-SURV-ASBESTOS

Reg: CAR 2012

Trigger: Licensed/notifiable asbestos work

  • Medical examination by HSE doctor before + every 2 years
  • Lung function + chest assessment

Noise

UK-SURV-NOISE

Reg: Control of Noise at Work Regs 2005

Trigger: Exposure at/above Upper EAV 85 dB(A)

  • Audiometry (baseline + periodic)
  • Categorisation + referral on warning/referral categories

Hand-arm vibration

UK-SURV-HAVS

Reg: Control of Vibration at Work Regs 2005

Trigger: Exposure at/above EAV 2.5 m/s² A(8)

  • Tiered HAVS surveillance (Tier 1 questionnaire -> Tier 2 nurse -> Tier 3 OH doctor -> Tier 4/5 referral)
  • Stockholm Workshop staging

Respiratory sensitisers (isocyanates, flour, etc.)

UK-SURV-RESP

Reg: COSHH reg 11

Trigger: Exposure to asthmagens

  • Respiratory questionnaire
  • Serial peak flow + spirometry
  • Isocyanate urine biomonitoring (BMGV 1 µmol/mol, sprint19)

Dermal irritants/sensitisers + wet work

UK-SURV-SKIN

Reg: COSHH reg 11

Trigger: Skin exposure

  • Skin inspection (responsible person + OH)
  • Symptom check (dermatitis)

Metals + solvents (Cd, Cr, Hg, benzene, toluene, etc.)

UK-SURV-BIO

Reg: COSHH reg 11 + EH40 BMGV

Trigger: Exposure where biomonitoring informs control

  • Biological monitoring per EH40 BMGV (µmol/mol creatinine; breath CO)

Ionising radiation

UK-SURV-RAD

Reg: Ionising Radiations Regs 2017 (IRR17)

Trigger: Classified radiation worker

  • Appointed Doctor medical
  • Dose record (HSE-approved dosimetry)

Compressed air / diving

UK-SURV-CA

Reg: Work in Compressed Air Regs 1996 + Diving at Work Regs 1997

Trigger: Compressed air/diving work

  • Appointed Doctor / Approved Medical Examiner of Divers (MA1)

HSE Appointed Doctor scheme

Some surveillance programmes require an HSE Appointed Doctor (not all OH physicians qualify). Lead (CLAW), asbestos (CAR), ionising radiation (IRR17), and compressed-air/diving work all require Appointed Doctor sign-off.

Substance-specific regulations
  • Control of Lead at Work Regs 2002 (CLAW) — Appointed Doctor
  • Control of Asbestos Regs 2012 (CAR) — medical surveillance for licensed work
  • Control of Noise at Work Regs 2005 — audiometry at Upper EAV 85 dB(A)
  • Control of Vibration at Work Regs 2005 — HAVS tiered
  • Ionising Radiations Regs 2017 — Appointed Doctor + dose records

Under the physician's clinical judgement

  • Fit note and OH advice are clinical decisions — they support, not replace, dialogue between worker and employer.
  • OH reports are shared with the employer only with the worker's informed consent (GMC Confidentiality guidance + Faculty of Occupational Medicine ethics).
  • The employer decides "reasonableness" of adjustments — OH advises on capability and risk.
  • No patient data is stored beyond statutory retention (COSHH reg 11: 40 years for surveillance records).

Regulatory framework

  • primary: Social Security (Medical Evidence) Regulations 1976 (as amended)
  • fit note: Statement of Fitness for Work (Med 3) — DWP/DHSC
  • ssp: Statutory Sick Pay (SSP) — Social Security Contributions and Benefits Act 1992
  • issuers 2022: Doctors + nurses + occupational therapists + pharmacists + physiotherapists (extended issuer scheme 2022)

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