Thank you for all the helpful input. I was aware of the Farnsworth case which is
why I posed the question. I am sorry to labour the point but.....
We assure future employees that we will not disclose medical information to HR
/managers without their consent.
In my experience people are very reluctant to agree to disclosure re: mental health
history.
What do you do if they refuse consent?
Should we change the way we obtain consent and is this in keeping with the
Faculty's ethical guidance?
Christine
Jeremy Smith wrote:
> But then where do you stand as an employee of the requesting company, surely
> if the OH department is part of that company......
>
> Jeremy R F Smith
> RGN AIIRSM BSc Hons (OHN)
> Occupational Health Advisor - Dover Harbour Board
>
> -----Original Message-----
> From: Amanda Dowson [mailto:[log in to unmask]]
> Sent: 30 November 2001 16:28
> To: 'Jeremy Smith'; [log in to unmask]
> Subject: RE: DDA and disclosure
>
> The problem with this case, if I remember rightly was the way the consent
> form was written. Our consent forms for example gives consent for the report
> to the Occupational Health department NOT the company.
>
> > -----Original Message-----
> > From: Jeremy Smith [SMTP:[log in to unmask]]
> > Sent: 30 November 2001 15:50
> > To: [log in to unmask]
> > Subject: Re: DDA and disclosure
> >
> > Christine,
> >
> > Have you got a copy of OHJ Sept. 2001 Vol53 no 9 pp12-13?
> >
> > It's a legal article written by Linda Goldman & Joan Lewis .
> >
> > Column 2 Para 3 talks about the Farnsworth V London Borough of Hammersmith
> > and Fulham Case where the employer chose to rely on it's own Drs report
> > regarding Farnsworth's fitness to work. Para 4 states that:
> >
> > "...the Employment Appeal Tribunal held that the applicant's consent to
> > release her health records was to the council and that the doctor was not
> > bound by confidentiality. Therefore, the doctor could have given more
> > information to the council on which they could base their decision as to
> > whether to employ the applicant."
> >
> > I'm not sure if this helps!
> >
> > Regards,
> >
> > Jeremy R F Smith
> > RGN AIIRSM BSc Hons (OHN)
> > Occupational Health Advisor - Dover Harbour Board
> >
> >
> > -----Original Message-----
> > From: Dr Christine Rajah [mailto:[log in to unmask]]
> > Sent: 30 November 2001 15:20
> > To: [log in to unmask]
> > Subject: DDA and disclosure
> >
> >
> > Colleagues,
> > I have searched the archives for guidance but wondered how you handle the
> > need to give guidance to managers on suitable accommodation/restriction
> > for
> > someone who declares a mental health disability eg long standing
> > depression
> > or general anxiety disorder but who does not want disclosure.
> > With physical disabilities guidance such as must not do any heavy or
> > awkward
> > lifting does not give much away.
> > This is assuming they are reasonably stable on medication but would be
> > more
> > vulnerable to pressure or workload at lower threshold than the normal.
> > Christine Rajah
> >
> >
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