In reality this problem has existed since the human race began. The Great
Plague was probably the first example, so one cannot argue that this a new
occurrence, but there can be a forceful argument that this is a situation
that should be planned and provided for in policies, procedures and indeed
tenancy agreements, especially since one might reasonably foresee this as a
problem.
The contractor has every right to object. Probably by not informing him you
have breached a duty of care for your contractor, and thus have exposed him
to an infectious agent. That one might say the same for influenza is a moot
point, since TB is arguably more unpleasant, though each can be fatal. I
didn't use flu lightly as an example.
Probably the contractor received a BCG vaccination while at school at about
14 years old. If so (I have just had this discussion with my GP) his
protection is for life, and he has no valid concerns except that of exposure
and being "cross about it". I also have no idea if the infective agent
lives on clothing and thus his family was exposed on his return home.
Probably the tenant would have been more than willing for the details of
this infection to have been made available to anyone entering the property.
No reasonable person would object.
"Ah," I hear you say, "what about HIV and the rights of individuals not to
have such things made public?" And, in truth, I see no solution except
proper policies and briefings of staff and proper tenancy agreements that
handle infectious diseases and proper contractor agreements that handle such
things too.
But one cannot compel workers nor tenants to receive vaccinations in the
same way that one cannot complel a religious group who objects to treatment
to be treated.
I think you need a lawyer!
On the lighter side, whatever hit was that hit the fan also carries a risk
of hepatitis. Sorry, couldn’t resist!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Clementine Amawo
Sent: Tuesday, May 11, 2004 6:52 PM
To: [log in to unmask]
Subject: [data-protection] Sick Tenants
As a housing organisation, we use numerous contractors within our numerous
homes that are occupied by a variety of tenants. As such, can you advise
from a DP point of view on what we are required to inform our contractors
regarding potential infectious/non infectious diseases that a tenant has
contacted.
An incident has happened where a contractor was sent to a property occupied
by a tenant who has TB. The contractor was not informed of this and entered
the property with knowing about this 'diseased' tenant. Whilst within the
property he (the contractor) was informed by the tenants care worker of the
fact that the tenant has TB.
Now the $££&$"$%^ has hit the fan as the contractor is arguing the fact that
he was not told and therefore not prepared. He may end up trying to sue us.
The fact of the matter is that if the TB is of a virulent strain, then
surely the doctors concerned would not allow the tenant to live in a
property where he/she will come in contact with the every day public. So has
the contractors got anything to worry about?
I did inform those concerned that the contractor (working on behalf of the
organisation) should have been informed of the situation as it was in his
best interest to know and as such the choice would have been his as to
whether to attend or not.
I am not only concerned with confidentiality issues surrounding this event;
I am also concerned with the protection of those agents deployed by the
organisation, as well as other members of staff. In my mind the contractors
should have been informed and so should all staff on a need to know basis
only.
Help please! A speedy response will be extremely helpful.
(This is a new situation for us to find ourselves in and we don't have a
procedure for passing on this type of sensitive information to third parties
(certainly not without the consent of the individual in any case).
This will also have implications for the Trust's current Confidentiality
policy.)
Thanks
Clementine Amawo
Information Management Officer (IT)
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