I totally agree as I have said before this Have already had to do it is the
safest way so safeguarding your patients
Chris Leek

-----Original Message-----
From: Sam Davies [mailto:[log in to unmask]]
Sent: 04 September 2003 09:30
To: [log in to unmask]
Subject: Re: Occupational Health records


In Diana Kloss's book 'OH Law' I think there is a section on OH records
which you may find a useful point of reference.

I work for a Company in isolation and am aware that the custody of the
records is my reponsibility, I believe that if I was ever to leave the
Company I would need to ensure that I handed all OH records over to another
nurse or Dr, which if need be may be each induviduals GP.
This would involve getting each employees written consent and would
therefore would be an enourmous task.
I would be interested to hear if anyone has ever been in this position.

Regards
Samantha Davies




                      "Hawkes, Lynda"
                      <[log in to unmask]        To:
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                      SGROUP.COM>                   cc:
                      Sent by: Occupational         Subject:  Occupational
Health records
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                      03/09/2003 09:33
                      Please respond to
                      Occupational Health
                      mailing list






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






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