Now, now! Calm down, Tim, it's only Monday! Think of your blood
pressure..... I think all the comments made so far about the Medical
Form are slightly missing the point. The employer needs to establish
that a prospective employee is fit to carry out the work he might be
employed to do. The only way to do that is to complete a medical
questionnaire which gives a full picture of the individual. It is not
that colour-blindness is irrelevant in all but a few professions, it is
the fact that combined with other symptoms it may be indicative of
something more serious. Like white cats with blue eyes being deaf. It
would not, I think, be appropriate for the person recruiting ie. a
non-medic, to be determining what is or is not medically relevant to ask
their applicants. A medical questionnaire needs to review all the
information.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 24 January 2005 11:33
To: [log in to unmask]
Subject: Re: [data-protection] Medical Records form
More than stunning! Horrifying. And commonplace. And for what roles
do
my putative prostate and continence problems have relevance? And do I
need
to declare Pierced Ears? They ARE surgery!
"please list below all the fetishes you have. We have an active 'after
work
fetish sports and social club......." Sorry. I just see red over
questionnaires like this. But I am one of the people who ticked OTHER
and
wrote ENGLISH on the last census form.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 24 January 2005 11:27
To: [log in to unmask]
Subject: Re: [data-protection] Medical Records form
Jon Leonard on Monday, January 24, 2005 at 11:07 AM said:-
> I've listed the questions and statements below.
That is stunning!
A possible approach to rectify may be the key words:-
"Please tick boxes that apply"
Does that mean apply to the role, or apply to the person?
It could have originally been meant those that applied to the role.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Jon Leonard
> Sent: Monday, January 24, 2005 11:07 AM
> To: [log in to unmask]
> Subject: Re: Medical Records form
>
>
> Dear all
>
> I've listed the questions and statements below. There's nothing as bad
> as the examples you mention Tim but from the general tone of the form
> I can understand the concerns.
>
> Thanks to everyone for the responses so far.
>
> LINCOLNSHIRE COUNTY COUNCIL
> Employee Occupational
> Health Data Folder
> *** This section to be completed by Appointing Officer *** Please tick
> boxes that apply Location/Hours : Physical Demands : Regular UK travel
> .. Sedentary .. Regular overseas travel .. Physically Active ..
> Overseas based .. Moving and Handling tasks .. Flying .. Climbing ..
> Regular Night Work ..
> Working at Heights .. Shift Work .. Display Screen work ..
> Full Time .. Repetitive Upper Limb Movements .. Part Time ..
> Work Environment : Exposure to : How many hours per week ?
> Chemicals .. Occupational Driving : Dusts .. Light Vehicles ..
> Vibration .. PCV/LGV .. Fumes .. Fork Lift Trucks .. Noise .. Other
> (please specify) Radiation .. Confined Spaces .. Hot temperatures ..
> Cold temperatures .. Special requirements :
> Cytotoxics .. Excellent Hearing .. Blood, Body Fluids .. Food Handler
> .. Infective Materials .. Normal Colour Vision ..
> Animals or animal products .. Signed Print Name Position Address for
> Email:
> return of
> Tel:
> Fax:
> fitness certificate
> *** Candidate to complete the rest of this form*** Any medical
> information given in this form will be held in confidence by Wellwork
> Ltd If you have completed this form for the same post in the past 12
> months and there have been NO changes to your health, please state the
> month and year you completed the form and proceed to the back page, if
> not please continue. General Practitioner's Name General
> Practitioner's Address
>
> *** Your Medical History ***
> Please tick all boxes. For any medical condition you have suffered
> from, please give details later in the Questionnaire. 1. Heart Disease
> of any kind Yes .. No .. 17.
> Hay Fever or Allergies Yes .. No .. 2. High Blood Pressure Yes .. No
> .. 18. Concussion or Head Injury Yes .. No .. 3.
> Anaemia or Blood Condition Yes .. No .. 19. Anxiety or Depression Yes
> .. No .. 4. Phlebitis or Varicose Veins Yes ..
> No .. 20. Other Psychological problems Yes .. No .. 5. Stroke or
> mini-stroke Yes .. No .. 21. Stress at Home or Work Yes ..
> No .. 6. Asthma, Bronchitis or Pneumonia Yes .. No .. 22.
> Epilepsy Yes .. No .. 7. Tuberculosis Yes .. No .. 23.
> Blackouts or Fits Yes .. No .. Date of BCG vaccination: 24.
> Regular Headaches or Migraine Yes .. No .. chronic cough Yes .. No ..
> 25. Any other Neurological condition Yes .. No ..
> unexplained weight loss Yes .. No .. 26. Ear, Nose or Throat condition
> Yes .. No .. fever/night sweats Yes .. No .. 27.
> Eye disease or Infection Yes .. No .. 8.
> Peptic/Duodenal/Gastric Ulcers Yes .. No .. 28. Back Problems Yes ..
> No .. 9. Persistent Diarrhoea/Vomiting Yes .. No ..
> 29. Neck or Limb problems Yes .. No .. 10. Jaundice, Gallstones or
> Hepatitis Yes .. No .. 30. Arthritis of any sort Yes .. No .. 11.
> Hernia Yes .. No .. 31. Diabetes Yes ..
> No .. 12. Kidney Disease or Stones Yes .. No .. 32. Thyroid or other
> gland condition Yes .. No .. 13. Prostate/Bladder problems Yes .. No
> .. 33. Any form of Cancer Yes .. No .. 14.
> Gynaecological problems Yes .. No .. 34. Other condition needing
> surgery Yes .. No .. 15. Tropical diseases e.g.
> Malaria Yes .. No .. 35.Other condition requiring hospital Yes .. No
> .. 16. Skin diseases e.g.eczema/psoriasis Yes .. No .. 36.
> Alcohol/Drug misuse Yes .. No .. Please give fuller details of any of
> the above conditions : Number/Condition Age or Year
> Hospital/Specialist Time off work
> *** Your Current Health ***
> 37. How many days sickness did you take in the last 2 years ?
> 38. How many periods of absence were there ? 39. How many times did
> you attend your GP ? 40. How many cigarettes do you smoke per day ?
> 41. How long ago did you stop smoking ? 42.
> How many units of alcohol do you drink each week ? 43. Have you ever
> had any disease or injury arising from work ? Yes ..
> No .. 44. Have you ever undergone Health Surveillance in any of your
> previous jobs ? Yes .. No .. 45. Have you ever failed a medical
> examination of any kind ? Yes .. No .. 46. Have you ever been
> medically advised not to do night work, shift work or any other sort
> of work ? Yes .. No .. 47. Have you ever been rejected for employment
> because of your health ?
>
> Yes .. No ..
> 48. Have you ever left employment on the grounds of ill health ? Yes
> .. No .. 49. When was your last eye check ? 50.
> When was your last dental check ?
>
> 51. Do you have any difficulties recognising colours ?
> Yes .. No ..
> 52. Are you currently attending your GP/Hospital ?
> Yes .. No ..
> 53. Are you currently taking any regular medication ?
> Yes .. No ..
> 54. Are there any medical conditions which run in your family ? Yes ..
> No .. 55. Do you consider you have a disability, which has lasted or
> may last a year, which significantly affects your daily living
> activities ? Yes .. No .. 56. Do you have any problems with Hearing or
> Speech? Yes .. No ..
> 57. Do you have any problems with Vision (not corrected by
> glasses) ? Yes .. No .. 58. Do you have any problems with
> Lifting/Carrying ? Yes .. No .. 59. Do you have any problems with
> Mobility ? Yes .. No .. 60. Do you have any problems with Physical
> Co-ordination or Dexterity ?
>
> Yes .. No ..
> 61. Do you have any problems with Strength or Stamina ?
> Yes .. No ..
> 62. Do you have any problems with Learning Abilities ?
> Yes .. No ..
> 63. Do you have any problems with Continence ?
> Yes .. No ..
> 64. Any other conditions not mentioned above.
> Please give details of any positive answers in the space
> provided: Further details :
> *** You and Your Employment ***
> Please give details of your most
> recent employment:
> From: / /
> Employer's Address:
> To: / /
> Job Title
>
> *** Fitness for Employment***
> A copy of this page of your form will be used to advise Lincolnshire
> County Council/HBS of your medical fitness for the specified
> employment. Please print clearly. Surname Forename Mr/Miss/Mrs/Ms Home
> Address Post Code Contact Telephone No: Date of Birth / / National
> Insurance Number EMPLOYMENT (For WellWork Use) Starting Date Leaving
> Date National Health Service Number / / / / Position (applied for)
> Directorate/Workbase
> *** Declaration ***
> I declare that all the foregoing statements are true to the best of my
> knowledge, and I am not aware of any other medical condition not
> referred to elsewhere in this questionnaire. I understand that any
> misrepresentation will invalidate my application and, if employed,
> could lead to my dismissal and/or withholding of pension benefits. I
> also understand that I may be required to undergo medical examination
> by an Occupational Health Advisor for pre-employment purposes. Your
> Signature:
> Date: / /
> Please return this completed form to: WellWork Limited, PO Box 250,
> Lincoln, LN1 1WP
> *** Area below for use of Occupational Health Staff *** Refer for 2nd
> Opinion:
> YES/NO
> Arrange Medical with:
> Doctor ..
> Nurse ..
> Third Party Report:
> YES/NO
> Fit with restrictions which
> are:
> Permanent ..
> Temporary ..
> Disabled re the DDA:
> YES/NO
> Restrictions:
> Fit for employment:
> YES/NO
> Date:
> Signed:
> Copy to:
> People Services:
> Copy to (if applicable):
> Line Manager:
> Copyright of WellWork Ltd. .2000.
> Registered in England. Number 3886565
> General Medical (Not Clinical) Record
> Date last updated 28.10.03
>
>
>
> >>> Tim Trent <[log in to unmask]> 24/01/05 11:00:09
> >>>
> I am not now and never have been keen on the alleged anonymous
> questions to seek to show equal opportunities compliance, especially
> with double sided forms!
>
> I feel obliged to fill out ethnicity. Presumably I should soon (now?)
> feel obliged to fill out my sexual orientation.
> But I object to it.
>
> I do see the relevance of listing back injuries for those who lift
> weight, but many of the questions are intrusive. As for the smear
> test question....... Do we chaps get asked about our prostates too?
>
> Colour blindness for merchant seamen, airline pilots etc is valid. But
> surely only to the men?
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
> Sent: 24 January 2005 10:39
> To: [log in to unmask]
> Subject: Re: [data-protection] Medical Records form
>
> I have seen such forms and can give examples of the types of questions
> asked
> -
>
> Are you colour blind? (This is asked of all employees, not just those
> applying for a job as an electrician or a bomb disposal expert)
>
> Do you bite your nails? (Apparently this is a sign of stress, rather
> than a bad habit)
>
> When was the last time you had a smear test? (Again all employees, not
> just the female ones)
>
> I thought these were likely to breach the Act unless properly
> signposted as to their relevance - can anyone give more blatant
> examples?
>
> Ian B
>
> -----------
>
> In a message dated 24/01/05 09:32:17 GMT Standard Time,
> [log in to unmask] writes:
>
>
> > I work for HBS supporting Lincolnshire County Council. I am not
> > actually a member of the DP list but I am covering for Data
> Protection
> > in David Forbes' absence. One of the queries he has received
> concerns
> > a medical form which is sent out.
> >
> > I have attached the form for your reference and the concerns raised
> > about it are below:
> >
> > "When I was offered my current job here at LCC it was on the
> condition
> > that I had satisfactory references and that I was also fit
> enough, I
> > had complete a Well Work Employee Occupation Health form (see
> > attached). The form consisted of 64 medical questions which is
> obviously
> very personal.
> > Although I did not agree with the form I completed it anyway as I
> > really wanted the job and I didn't want to disadvantage myself in
> > anyway.
> >
> > I thought that the attached form was breaching principals 1
> and 3 of
> > the Data Protection Act?
> >
> > I think that it is probably a valid point as although some of the
> > questions may well be relevant to some jobs, all of the questions
> are
> > not relevant to all jobs. The point about filling in the form is
> > interesting because as people have usually been offered a
> job before
> > they see this form they may feel that although they disagree with
> > filling the form in they may well do so rather than querying the
> form
> > as they feel that this may jeopardise the job they are being
> offered."
> >
> > My own feelings are that the form does not reference the DP Act and
> > the nature of the wording compels you to fill in the details even
> > though you would feel uneasy doing so.
> >
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above does not replace or negate
> the need for proper legal advice and/or representation. It is
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> points raised please contact Keep I.T. Legal Ltd at the address below:
>
> 55 Curbar Curve
> Inkersall, Chesterfield
> Derbyshire S43 3HP
> (Reg 3822335)
> Tel: 01246 473999
> Fax: 01246 470742
> E-mail: [log in to unmask]
> Website: www.keepitlegal.co.uk
>
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