Dave
This is a very interesting industrial dispute which should have been avoided by management. The present situation is self induced!
I would never make a referral to anyone without first assessing and examining the person to be referred so I agree with your decision not to refer. I always need to know who I am referring to, what their qualifications are and who they report back to. There are issues of confidentiality and consent in this situation which would compromise your position if you did agree to blindly refer.
The psycholoy service we have is a consultant clinical psychologist with years of experience in occupational psychology. We will confidentially refer and receive a confidential report back from the psychologist. There is no communication from psychologist to management!
If your HR has decided to bypass the OHS advisory service, then let them do so of their own accord. Do not get involved further in this dispute, unless they decide to refer to yourselves first. The IT will be interesting and inevitable.
This also raises the issue of G.P certification, which is currently being debated by the Faculty. If OHS certification became a reality then medicalisation of this industrial dispute could have been prevented.
Dr Martin Tohill
MB BCH MRCGP AFOM DOccMed
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-----Original Message-----
From: "david mills"<[log in to unmask]>
Sent: 13/03/04 15:49:31
To: "[log in to unmask]"<[log in to unmask]>
Subject: Re: Opinion wanted - Specialist referral without examination.
Not sure how HR heard about Dr X - probably through legal branch.
Not sure what employees think about being referred, assume they don't know
yet. However their service handbook indicates that they have to go to OH if
referred reasonably and have to go to a specialist if reasonable.
Aside from the consent issue, I think if we are told we have to refer these
staff to Dr X but they (HR) don't want us to see the people then we are
referring blindly with no medical input as to whether it is appropriate.
Clearly I'm sure we could find out about Dr X if we had to.
It might appear that we are being used by employers to pursue a particular
strategy in the industrial dispute and that would surely damage our
independence as a professional occupational health unit. Allowing Dr X to
examine in our unit would undoubtedly reinforce that view.
Don't really care about the ins and outs of the suspensions. Presumably the
argument will be about what exactly their duties entail and the disciplinary
measures available if staff refuse to perform their duties. I would have
thought suspension of someone who will not carry out their duties is within
the powers of an employer.
It strikes me that if these people were suspended then their sickline is
probably irrelevant up until the point that the suspension is lifted and
they do or don't return.
It also strikes me that employers, having suspended the staff, could decide
not to accept their sick lines and refuse to pay sick pay (think they may
have done this but not sure). This would no doubt trigger an appeal system
possibly leading to an SSAT or IT.
I would also have thought that if a tribunal ensues then the employer may
have difficulty in explaining why they did not follow normal procedures and
refer staff to their OH unit.
I suspect some of our members have already consulted their medical defence
organisation.
David
_____
From: Glenn Raybone [mailto:[log in to unmask]]
Sent: 13 March 2004 04:20
To: [log in to unmask]
Subject: Re: Opinion wanted - Specialist referral without examination.
Interesting,
personally I'd contact HR to ask more about Dr X, and how they'd heard of
him, and where he/she's been used in the past etc.
Maybe even try to contact Dr X direct. If the employees have a GP note, and
the aim is to get them back to work then a referral to Dr X may be just one
way or route to achieve this. Are the employees happy to be referred? What's
their opinion of it?? Or am I correct in assuming (always dangerous I know)
that there is a communication breakdown between HR, OH, Unions and
employees?
regards,
Glenn Raybone
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