Many thanks Dawn. My manager has contacted Data Protection (now called
Information Comissioner!) and has a huge form to fill in. We have sent reams
of information to the receivers and await a decision by their legal people.
My manager has now spoken to Carol Bannister and has written to the
receivers detailing our concern. Interestingly Carol Bannister recommended
that we do not write to all employees informing them what had happened. I
will not be happy until the records are back in my control.
Lynda
-----Original Message-----
From: Dawn Knight [mailto:[log in to unmask]]
Sent: Thursday, September 04, 2003 5:33 PM
To: [log in to unmask]
Subject: Re: Occupational Health records
The way I have understood the issue is not that Lynda doesn't know what to
do with the records / who they belong to,etc, but the situation that has
arisen outside of her control and where she now stands and what she should
now do. I would document the situation and what she has tried to do in
writing and send a copy to the HSE, RCN and Data Protection since phone
calls to these agencies don't seem to have helped. I think I'd contact my
local RCN steward as well.
I understand how you must feel Lynda regarding letting the employees down
but you can only do your best. Remember it's not you who has acted wrongly
and you appear to have done your best to try to sort the whole thing out.
I wish you well with this difficult situation,
Dawn Knight
>
>
>
>
>
>
> 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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