Employers have no automatic right to employees' private medical notes or records. They must first obtain consent from the employee under the Access to Health Records Act. They should also take great care to follow the GDPR rules when justifying, collecting or processing personal data. 

However, employers have a statutory responsibility to risk-assess operations in terms of hazards to employees and to the public they encounter in the course of their work. They must also take reasonable steps to mitigate those risks. 

It can be justified therefore to require certain tests as laid out in company policy and an employment contract, provided a risk assessment has shown that the results of such tests have a bearing on the safety of workers and others they will encounter. The use of such tests must be justified, necessary and proportionate. 

At the recruitment stage you can make an offer of employment conditional upon receipt of a satisfactory medical report or medical questionnaire. It is lawful for employers to do this where it is necessary to obtain medical evidence to be sure that a job applicant is physically able to undertake the role, including the need to test vision for a role which requires a particular level of eyesight or to understand if a prospective employee is taking medication that may impair their driving capabilities. Many vehicle operators also require a prospective employee to take an alcohol or drugs test before starting employment.  

During employment, it is a good idea to ensure that medical information is updated on a regular basis to ensure continued fitness to drive.  

You should consider implementing (or updating) clear and readily available driving for work policies in respect of fitness to drive, including eyesight requirements, which: 

• remind drivers of their responsibilities as set out above  

• lay out the role and use of testing 

• remind drivers of what the minimum medical standards and rules are as set by the DVLA and how checks can be made. Remember if your fleet includes Group 2 vehicles (large vehicles over 3,500kgs, minibuses and buses) the minimum medical standards are more stringent than the rules for Group 1 drivers (cars and motorcycles). 

• remind drivers of the need to inform management and DVLA of any relevant medical issue which can cause impairment. (Note: DVLA must be informed of notifiable conditions regardless of whether they cause impairment in that particular driver.) 

A positive intervention 

Most of us find the idea of a positive medical test alarming. However, it is important to reassure people that: 

• Early diagnosis of conditions leads to better health outcomes. Ignoring things generally makes them worse. 

• Most tests are minimally invasive. 

• Even with conditions which affect driving, most can be treated, allowing the driver to continue in their role once the condition is being managed. 

• Good testing is inclusive, not excluding. As an example, one in 12 men have a colour vision deficiency which means that until now they have not been allowed to drive trains. Better testing now means that many of these individuals can drive, because their specific difficulties can be understood and managed. (See Chapter 8.) 

• Reasonable adjustments can be made for any condition which requires it. 

• Those few who can no longer safely drive may be able to be assigned a non-driving role. 

• Continuing to drive with an impairing but undiagnosed condition puts you, any passengers and other road users at risk – not just when at work but when driving family and friends too. 

Using a professional occupational health provider can be useful, as they will be able to manage required tests and data, as well as referring individuals to other medical professionals as needed.  

No individual can be forced to take any specific test. Any medical, drug or alcohol test may only be completed with employee consent. However, if a driver were to refuse a drug or alcohol test, or any other medical screening which was justified and proportionate in terms of ensuring legal compliance and mitigating driver risk, then it may be justified to relieve them of driving duties or impose an alternative disciplinary penalty, in accordance with an employer's policies and procedure.  

Employers should seek further advice from an employment lawyer in order to make sure that all of their medical screening falls within an acceptable legal framework.