Thankyou Simon,
What a cheerful name you have!!!
I have done what you suggest already and management are looking at other options.
Thanks for your advise.
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] 06/24/04 06:45pm >>>
Tracie,
We quite often come across this situation with either the G.P. saying
they are fit to work or indeed not fit to work. The Med 3 is only a
certificate of the GP's opinion, the ultimate responsibility of fitness to
work is that of the O.H. professional, as you are ideally placed to carry
out the appropriate risk assessment in relation to their specific task's of
their role. Is the employee unable to return in any capacity or could their
role be adapted. Certainly liase with the GP to give him the facts of your
concern as he may not be in full possession of the employees work demands.
If you feel the employee may be fit to return to an adapted role it would be
down to the management to provide this role if they could not the employee
should remain absent until you decide he is fit to return.
Simon Rainbow
Occupational Health Advisor
GlaxoSmithKline
-------Original Message-------
From: Occupational Health mailing list
Date: 06/24/04 12:09:03
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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