Paternalism in H&S: Does an individual have a right to choose to be exposed to risks at work that could worsen his or her health?

摘要

If a worker's health is likely to be worsened by the working conditions - occupational asthma, hand-arm vibration syndrome or mental ill health, for example - but the employer has done everything reasonable to control exposure to health risks, should that person be dismissed on health grounds or medically retired regardless of whether or not he or she wishes to stay in work? (We can assume that the person's ill health condition does not pose a risk to others.).