I think you are right on all accounts.
I cannot see the reason that the HR manager does not wish for you to discuss
the report - have you asked him/her why he feels it should be secret and the
employee should not have a copy? It does not give the impression that this
HR person wants to work with the employee to resolve situations.
Bear in mind the confidentiality aspect is that of the employee. it is the
employee who should be in control , not HR.
But fundamentally this is part of the relationship between OHA and employee.
If they do not have an understanding of what you are saying to management,
then they might not be inclined to be totally open with you in the future.
With regards to HR obtaining consent on your behalf,this is positively
dangerous. Consent must be "informed", and it really has to be the person
who is going to write the letter who will be able to explain for what
aspects of health further information is going to be sought. It takes some
discussion as to whether it would be best to write to GP or consultant, or
even other professionals such as physiotherapists. I would also want to
explain to the employee their options under the AMR Act. Sometimes with
explanation and reassurance that they will be able to have a copy of the
medical report from you if they wish, they will waive the right to see the
report before it is sent.
If you work for an OH provider, are you getting support from your senior
OHA/physician? I would put this in their hands, as you are following company
policy...
Best wishes,
Diane
----- Original Message -----
From: "Ann Wilson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, February 07, 2004 4:48 PM
Subject: Data Protection
> Hi every one
> I work for an OH provider as an OHA and am having a problem with an HR
> manager. When seeing an employee as a management referral i discuss with
> the person what i am going to put in the management report and then get
> them to sign a consent form for me to prepare the report and ask them if
> they want a copy.(this is OH company procedure) The HR manager has
informed
> me that i must not discuss the content of the report with the employee and
> must not offer or give them a copy. He may give a copy after meeting them
> but at his discretion only and he may chatge for this. He informs me that
> this is not contravention of the data protection act and he has consulted
a
> barrister via the EEF.He has also informed me if he wants a dr report he
> will gain consent for me, without me seeing the employee which i also
> disagree with. I have looked at the RCN confidentiality for OHN's and been
> in contact with Carol Bannister. ANy one else experienced this or what are
> your views or advise.
> Thanks Ann
~~~~~~~~~~~~~~~
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