Subcontractors · Best Practice · Pre-Construction

Fit to Work Declaration

A self-declaration by a worker confirming they are physically and mentally fit to carry out construction work.

Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. MHSWR 1999 remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.

Legal basis	MHSWR 1999 + HSWA 1974 + Equality Act 2010
Purpose	Worker self-declaration they are physically and mentally fit to carry out their role safely
Legal basis detail	MHSWR 1999 Reg 3 requires risk assessment considering individual health factors; HSWA 1974 s.7 places duty on employees
Equality Act	Declaration must not be used to discriminate; information about disability handled sensitively and used only for safety
GDPR	Health information is special category data; explicit consent required

1. Fit to Work — Safety, Not Discrimination

The fit to work declaration is a safety tool, not a medical examination or mechanism for screening out disabled workers. The Equality Act 2010 requires employers to consider reasonable adjustments for workers with disabilities before excluding them. Declarations must be treated with strict confidentiality.

MHSWR 1999 Reg 3 requires employers to carry out risk assessments that consider individual health factors. HSWA 1974 s.7 places a corresponding duty on employees to take reasonable care of their own health and safety and that of others. The fit to work declaration bridges these two duties — enabling workers to disclose relevant conditions so that appropriate measures can be put in place.

The declaration is not a substitute for occupational health assessment. Where a worker discloses a condition that may affect their ability to work safely, the employer must consider whether reasonable adjustments can be made. Only where no reasonable adjustment is possible, and the worker poses a genuine risk to themselves or others, may access be restricted — and this must be documented with a clear rationale.

Special category data

Health information in Fit to Work Declarations is special category data under UK GDPR — handle with strict confidentiality.

2. Fit to Work Declaration — Content

Field	Detail
Worker details	Full name, employer, trade/role, date of birth
Self-declaration: fitness	I am not aware of any physical or mental health condition that prevents me from carrying out my role safely
Self-declaration: substances	I am not under the influence of drugs or alcohol that could impair my ability to work safely
Self-declaration: medication	Any medication I am taking does not impair my safety or ability to operate plant/machinery
Change obligation	I understand I must inform my supervisor immediately if my health changes in a way that may affect my ability to work safely
Equality Act awareness	Acknowledgement that any disability disclosure will be handled sensitively and used only for safety and reasonable adjustment purposes
GDPR consent	Explicit consent for processing of health data as special category data under UK GDPR Art 9(2)(a)
Signature	Worker signature and date
Supervisor review	Supervisor name, signature, date, and any notes on actions taken following disclosure

3. Common Mistakes

Using declarations as a discriminatory screening tool

The fit to work declaration exists to enable safe working, not to exclude disabled workers. The Equality Act 2010 requires employers to consider reasonable adjustments before refusing access. Using the declaration to screen out workers with health conditions without considering adjustments is unlawful discrimination.

Not treating declarations as confidential

Health information disclosed in a fit to work declaration is personal and sensitive. It must be stored securely, accessible only to those with a legitimate need to know, and not shared with other workers, subcontractors, or the client without the worker's consent. Leaving declarations in open files or on shared drives is a GDPR breach.

Not having a lawful basis for processing health data

Health data is special category data under UK GDPR. Processing requires both a lawful basis under Art 6 and an additional condition under Art 9. Explicit consent (Art 9(2)(a)) or employment obligations (Art 9(2)(b)) are the most common bases. Without a documented lawful basis, processing is unlawful.

Collecting declarations but not acting on disclosures

If a worker discloses a condition that may affect safety and the employer takes no action, the declaration has no protective value. Every disclosure must be reviewed, a risk assessment conducted if necessary, and appropriate measures documented and implemented.

Not informing workers of their GDPR rights

Workers have a right to know how their health data will be used, stored, retained, and who will have access. A GDPR privacy notice specific to health data processing must accompany the declaration. Workers must also be informed of their rights to access, rectify, and request deletion of their data.

4. Frequently Asked Questions

Can a worker be refused site access if they disclose a medical condition?▾

Not automatically. The Equality Act 2010 requires the employer to first consider whether reasonable adjustments can be made to enable the worker to carry out their role safely. Only where no reasonable adjustment is possible and the worker poses a genuine, evidenced risk to their own safety or the safety of others may access be restricted. The decision and rationale must be documented.

Must the declaration be completed every day?▾

Typically, the declaration is completed at project start or during site induction. For high-risk operations — such as work at height, confined space entry, or crane operations — a daily or pre-task fitness confirmation may be appropriate. The frequency should be proportionate to the risk.

How long should fit to work declarations be retained?▾

For the project duration plus a minimum of three years. Where the declaration is relevant to an incident or claim, it should be retained indefinitely until the matter is resolved. Health surveillance records linked to COSHH exposures may need to be retained for up to 40 years.

Does the declaration cover mental health?▾

Yes. Mental health is a health condition under the Equality Act 2010. Workers experiencing mental health conditions that may affect their ability to work safely should be encouraged to disclose this. The same principles of confidentiality, reasonable adjustment, and non-discrimination apply.

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