I am out of my office onThursday 4 September 2003. However, I can be
contacted via reception - telephone extension 33063 or 020 8383 3063
if calling externally.
Many thanks
>>> OCC-HEALTH 09/03/03 19:25 >>>
Dear Linda
I would be inclined to photocopy the relevant section from Diana
Kloss's
Occupational Health Law (p56-57 in the 3rd edition) and send it to the
receiver Recorded delivery. It does mention the case of a business
closing
down ...
Best wishes,
Diane
----- Original Message -----
From: "Hawkes, Lynda" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 03, 2003 9:33 AM
Subject: Occupational Health records
> I would appreciate comments/advice on the following scenario please:
>
> I work for an OH Consultancy and I have been looking after an
engineering
> company which has just gone into receivership. I went in to collect
> personal possessions and the medical records and was told by the
Health &
> Safety Manager that he had removed the medical records from my locked
filing
> cabinet and had put them in his office. He insisted that they were
his
> property and I had no right to them. He had secretly held a key to
the
> cabinet for the last 2 years.
> I spoke to the receivers who are not happy to give me the records
until
they
> have spoken to their legal department but, thankfully after much
insistence
> on my part, the records have been moved from the Health & Safety
office
into
> the area controlled by the receivers. I do suspect, however, that the
H&S
> Manager has access to ALL areas of the site and could still access the
> records if he wished. He is also the Premises Manager by the way.
> My Manager, who has been brilliant, has informed the HSE and I have
spoken
> to the legal bods at IOSH (the RCN and NMC were not helpful - the NMC
merely
> told me to contact RCN). My Manager is hoping to speak to Carol
Bannister
> today as she has been out of the office at the beginning of the week.
> Needless to say, this has caused me much concern, having spent the
last 2
> years assuring the employees that their records are confidential.
Even
if,
> as thought by IOSH legal bods, I will not be held responsible because
the
> records were in fact stolen, I still feel that I have let those
employees
> down.
>
> Has anyone out there dealt with receivership cases etc and does anyone
have
> any advice or ideas??
>
> Lynda Hawkes
*
**
Confidentiality Notice
The contents of this e-mail are confidential to the ordinary user of the e-mail address to which it is addressed and may also be privileged. If you are not the addressee of this e-mail you may not copy, forward, disclose or otherwise use it in any form whatsoever. If you have received this e-mail in error please telephone the Hammersmith Hospitals NHS Trust IT department on 020 8746 5555. Please also delete the message from your computer.
**
*
|