I think this email has been sent in error to me as I am not the person who
wrote re: the above!
Anne Bugler
Senior Occupational Health Advisor
Occupational Health Unit
Manchester Children, Families & Social Care
Tel No: 0161 234 3733
Fax No: 0161 234 3958
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"MASLEN-JONES David,
Cinical Nurse Mgr" To: [log in to unmask]
<[log in to unmask] cc:
EST.NHS.UK> Subject: Re: Data Protection
09/02/04 10:01
Please respond to
Occupational Health mailing
list
Hello Ann,
I think your report and consent should be governed by three key pieces of
guidance.
First the access to medical reports Act 1988 gives patients a right of
access to reports prepared for insurance or employment purposes and I
believe your report would be covered by that, in addition the individual
has a right of access to his/her medical records anyway and your report
would form part of that record
Second the GMC Guidance, Confidentiality, protecting ands providing
information 2000 talks about informed consent and the requirement to
inform the patient about their treatment and care.
The Fac of Med "Ethics for OH Physicians" 1999 also recommends that the
content of any report is shared with the individual prior to release.
In the NHS we are governed also by DOH guidance issued last year which
recommends good practice in copying all letters about a patient to the
patient.
I think you would also need to be careful about not contravening the NMC
code of conduct regarding informed consent
Hope this helps
David
David R Maslen-Jones RGN BA Spohn MIOSH
Clinical Nurse Manager, Occupational Health
Plymouth Hospitals NHS Trust
Derriford
Plymouth
PL6 8DH
Tel: 01752 517592 int:57592
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-----Original Message-----
From: Ann Wilson [mailto:[log in to unmask]]
Sent: 07 February 2004 16:49
To: [log in to unmask]
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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