Tracie,
I suggest you contact the GP to discuss your concerns & his views. You may then reach agreement (which way, I don't know possibly you'll reach a compromise solution of allowing the person a trial return to supervised work, if it's a safety concern. If it is concern that the persons presence back may interfere with other's work performance, then this may not be appropriate.
& ps. Do you want to also join HEOPs, the mailbase group for OH Advisers in Higher Education?
Dr. Alan Swann, BM, AFOM
Director of Occupational Health
Occupational Health Service
Imperial College London
Southside building
South Kensington Campus
London
SW7 2AZ
Tel: +44 (20) 7594 9385
Fax: +44 (20) 7594 9407
http://www.imperial.ac.uk/hq/occhealth/
https://www.imperial.ac.uk/spectrum/occhealth (Intranet)
-----Original Message-----
From: Tracie McKelvie [mailto:[log in to unmask]]
Sent: 24 June 2004 12:10
To: [log in to unmask]
Subject: Re: Confidentiality - your help please
Wonder if anyone can advise.
I have just done a return to work interview, and in my opinion, the employee is not fit to return on original duties. His GP has deemed him fit for work (no written report which I will request) and the employee is naturally very frustrated at this. He feels that my opinion does not count as the Doctor told him he was fit (understandable). I have stood my ground and obviously involved management in this....has anyone come accross similar and what was the outcome.
Rgds
Tracie Mckelvie
Occupational Health Nurse / Adviser
Pembrokeshire College
Merlins Bridge
Haverfordwest
Pembs.
SA61 1SZ
TEL: 01437 765247 Ext 393
FAX: 01437 767279
E-mail: [log in to unmask]
>>> [log in to unmask] 06/23/04 04:40pm >>>
Ditto all the advice given so far - you are correct - good luck
-----Original Message-----
From: Catherine Cross [mailto:[log in to unmask]]
Sent: Wednesday, June 23, 2004 3:45 PM
To: [log in to unmask]
Subject: Confidentiality - your help please
Dear All
Your help is needed. Let me set the scene. I have been recently employed
as an OHA at a large academic institution. An ex employee is trying to
claim discrimination under the DDA. I have never seen this ex employee, so
therefore have not dealt with them. I have said that if this ex employee
was covered under the DDA then I would assume that my predecessors would
have indicated this.
The Institition has asked for access to her medical notes. I have advised
that I will give copies to both sets of solicitors when 2 consent forms are
received by myself at the same time. However, this ex employee does not
have legal representation and has asked for copies of her medical notes -
which I am about to give. The place I work for does not like this, because
this person will not give them consent to access there medical notes. After
discussing the issue today with the Personnel Director he has indicated that
beacuse they have been referred to OH they have given there consent to let
the Institution have automatic access to there records. I have said that
this is not the case. They have asked if I can look at this ex employee's
medical notes to see if they are or should be covered under the DDA and if
this has ever been mentioned in the medical notes.
I have tried to explain my professional code of conduct re confidentiality
etc, and have been told that this is not the behaviour (my interpretation)
of OH, I get the feeling they think I'm being very obstructive.
My question is what do I do?, can I give an opinion and look at this ex
employee's medical notes without there consent. I have been told I have to
give the reasons why eg code of conduct, DPA etc by Friday!
Any advice would be gratefully received.
Cate
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