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5.—(1) An employer shall ensure that each crew member employed by him is entitled to a free health assessment before he commences his employment and thereafter at regular intervals of whatever duration may be appropriate in the case of the crew member.
(2) Subject to paragraph (3), no person shall disclose a health assessment referred to in paragraph (1) made in respect of a crew member to any person other than that crew member without that crew member’s consent in writing.
(3) A registered medical practitioner who makes a health assessment referred to in paragraph (1) may advise the employer of the crew member in question that the crew member is suffering from health problems which the practitioner considers to be connected with the fact that the crew member works during night time.
(4) Where—
(a)a registered medical practitioner has advised an employer pursuant to paragraph (3); and
(b)it is possible for the employer to transfer the crew member to mobile or non-mobile work—
(i)for which the crew member is suited, and
(ii)which is to be undertaken during periods such that the crew member will cease to work during night time,
then the employer shall transfer the crew member accordingly.
(5) A health assessment referred to in paragraph (1)—
(a)may be conducted within the National Health Service, and
(b)is free if it is undertaken at no cost to the crew member to whom it relates.
(6) For the purposes of this regulation, a crew member works during night time when he works at any time between the hours of 2.00 am and 4.59 am local mean time; F1... .
Textual Amendments
F1Words in reg. 5(6) omitted (28.6.2010) by virtue of The Civil Aviation (Working Time) (Amendment) Regulations 2010 (S.I. 2010/1226), regs. 1, 2(4)