Under the Diving at Work Regulations 1997, if an AMED declares you unfit to dive or fit to dive with restrictions, you can appeal to HSE for a review of that decision. HSE reviewed its medical appeals process in 2013. This resulted in the revised procedure described below.
If you wish to appeal, you should write to HSE’s Principal Medical Adviser (PMA) within 28 days of the original decision and provide the following information:
The appeal should be sent to:
Principal Medical Adviser
Corporate Medical Unit
Health and Safety Executive
The PMA will consider your appeal and where appropriate, contact you and the AMED who conducted the medical examination (with your consent) to request further relevant information or seek clarification on specific issues.
HSE will reject the appeal if it is frivolous or vexatious and without foundation. The PMA will inform you and the AMED of the outcome in writing.
HSE will also reject the appeal if it relates to a medical condition that appears to clearly disqualify you from undertaking your work or clearly restricts you to working under specified conditions (see HSE guidance note MA1). In these circumstances, the PMA will write to you explaining their initial view and giving you the opportunity to provide any further information and evidence in support of the appeal. If they subsequently confirm their initial view, the PMA will inform you and the AMED in writing.
If HSE progresses the appeal, the PMA will send all relevant papers to an independent medical expert (with your consent). The medical expert will consider the appeal papers and might decide a hearing is appropriate, which you may request. In attending an oral hearing, you can request that other persons also attend to support you (eg, a friend, colleague or your own medical adviser).
Once the medical expert completes their assessment of the appeal, they will make a recommendation to HSE. An HSE Director will consider the recommendation, make the final decision and inform you and the AMED of the outcome in writing.
HSE will pay the fees of medical experts that consider appeals on its behalf. You will be responsible for any travel and accommodation costs incurred in attending an oral hearing.