A tricky one. Is the person in a job where are doing some sort of repetitive
motion, and it fulfils the criteria for reporting under RIDDOR then it
should be reported as what is being reported is a co-incidence of disease
and a work activity. It is not an admission of liability.
If the employee decides to sue the employer, then the employer would get
consent from the employee for disclosure of medical records, (OH and
otherwise) I suspect at that stage it would come out that the employee had
not been totally open. (not necessarily deliberately deceptive, as people do
forget or think that something is not relevant)
In term of your actions, these are the same whether or not it was
pre-existing or work related- examine work practices to improve ergonomics,
encourage appropriate specialist medical; advice/physiotherapy etc. It
becomes more of a problem if they cannot return to their job.
If a manager asks you straight out if they had it before, I find the phrase
"I 'm afraid that I am not at liberty to discuss that with you" useful.
If you can, put it in the hands of an OH Physician.(Do you have access to
one?) and let them liaise with management.
Best wishes,
Diane
----- Original Message -----
From: "Nicola Spencer" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 22, 2004 5:08 PM
Subject: disclosure
> would like some advice regarding an employee who failed to disclose
> tenosynovitis on pre-employment and has now devloped problems but does'nt
> want me to inform managers. What are the legal implications?
>
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