Ask them what type of coffee they want from the cafe.

The more you are polite and work with them, the more understanding and lenient they actually are to you. If they find an improvement, and it is clear you have not noticed it before, they look at it more as a learning opportunity for the business. If it is clear you know about it, and have no plan or just don't care about it, that is when they can get nasty. If you have a plan and reasonably cannot do anything about it at this time, ask if they have any recommendations that you can look into. It shows you are open, willing to do research and look for a solution, and not just writing it off as 'too bad'.

Welcome them in, make them a coffee, hand out some biscuits and use the opportunity as a free H&S session for the company to add value. In our experience, WorkSafe have a education mindset, over a handing out fines mindset. We often take our local inspector out for a coffee and chat about any issues we are scratching our heads over.

It was a horticultural company that I was working for. As part of the induction the person showed me the "Memorial wall" in the staff room of all the workers who had died of cancer. The majority type of cancer they all died of was lung cancer. When I asked what precautions have been put into place now to ensure this wall does not grow, the person asked what I meant. They had no clue that the use of chemicals and soils within the business, would have contributed to their illnesses and deaths. They were quite shocked when I made the connection. This person was a long serving senior manager of the business.

Yes a disclaimer would be ideal. Something along the aligns of
"Document is Template only. Documentation and implementation is controlled by the user. (Your Company Name) recommends professional advice is sought for individual companies to ensure fit for purpose and successful implementation.

(your company Name) holds no responsibility to liabilities or damages such as (list examples like injury, reputation etc)

Firstly: Do you have any conditions within the employment contact that the annual health assessment must be carried out?

Secondly: Is there also any indication or evidence been given that his health is impacting his ability to work? If there is you could always look at an occupational therapist coming in to provide an assessment and create a work plan that suits his ability. You could talk with MBIE or an HR advisor to get an understanding of to how to best manage this and not cross any lines.

If there is no indication or evidence his health is affecting his ability to work or perform the tasks required and no statements of annual health declarations agreed upon within the contract or OHSMS, you need to respect his decision not to carry out the health check.
I would suggest a discussion with MBIE or a HR advisor be carried out to make sure this is handled correctly.

Not sure what your turnover of workers are, but you can get custom made earplugs, which are often very comfortable to wear and often provide greater protection as they are made to fit the shape of the workers ear. They are an expensive one off cost though, however staff normally take better care of them and it normally works out the same cost for disposable ear plugs / ear muffs that get damaged or lost for a year per worker.

Amanda Stephens - OHS Consultants is a very thorough auditor and provides great insight to a business. They also have consultants in Wellington and Auckland that can provide audits.