Health Examination Clause

This clause can be inserted into your employment agreements to enable health testing, including that for Obstructive Sleep Apnea and Central Sleep Apnea. Further steps may be required to introduce these provisions into existing employment agreements with existing staff. We recommend that advice is obtained about each situation.


1. Health examination

1.1 The Employer may require the Employee to attend any health examination that it considers necessary relating to the Employee's employment, with an agency or practitioner nominated by the Employer. This may include, but is not limited to, testing by a registered medical practitioner, and testing for Obstructive Sleep Apnea (OSA) and/or Central Sleep Apnea (CSA).

1.2 Any testing or assessment required by the Employer will be carried out at the Employer's cost.

1.3 The Employer may require the Employee to undergo health examinations both prior to, and during, the Employee's employment. The Employee will be given sufficient notice of any health examination that he or she is required to undertake.

1.4 The purpose of a health examination may be to assess:

a. whether the Employee is able to perform his or her duties properly and safely; or

b. the likelihood of the Employee returning to work within a reasonable time if he or she is suffering from a pro - longed sickness or injury; or

c. whether the Employee is fit and safe to return to work after a period of sick leave.

1.5 If the Employee is required to undergo a health examination, the Employee agrees:

a. to present themselves at an agreed time and place to undertake a health examination;

b. to undertake any treatment considered necessary, or recommended, by the health examination provider; and

c. to being monitored from time to time, including:

i. to determine the status of any identified health issue that may impact or have the potential to impact on the Employee's employment, and

ii. to ensure that treatment is being adhered to;

d. that he/she gives permission for the results of the health examination, and any treatment plans or other reports, to be provided to the Employer.

1.6 The Employee acknowledges that failure to comply with his or her obligations under this part may amount to serious misconduct.