Yes they need consent to obtain a report - not that they would
understand it
I have concerns that the OH function may be being used to supplement a
disciplinary procedure
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of Lawlor, Julie
Sent: 19 February 2009 14:34
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Medical reports/HR
Hi Sharon,
Thanks for replying.
He had the drugs test because he told me that he had taken cannabis for
pain - he was off with back pain at the time. I advised him not to take
any more as we have a strict drug and alcohol policy on site and he
works in a foundry and operates mobile equipment. When he was fit to
return to work, I asked him if he had taken any more and he said that he
had.
I don't think the issue is with the taking DF118 but the fact that he
had taken cannabis initially. However the site policy states that all
employees should tell OH what medication they are taking so that it can
be documented - although I know that not everyone does!!
A medical report was obtained to give me an update of his sickness
absence - this has been ongoing since August 2008 , plus I needed to see
what medication he was on as he was changing his story each time I saw
him.
Surely if HR want a med report then they should get him to consent to
it.
Regards
Julie
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of Naylor, Sharon [HMPS]
Sent: 19 February 2009 13:53
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Medical reports/HR
My thoughts
Why did he have a drug test in the first place?
What is the significance of him having traces of common anagesia?
You can buy co codamol over the counter - so issue of it not being
prescribed until after test not really relevant Could be argued that
Dihydrocodiene/cocodamol easily confused Could have taken DF118 that
was porescribed for a friend for pain - cant see that this is a crime?
Is the issue for HR that he tested positive for cannabis or opiates?
Cant see that HR are entitled to the GP report without the individuals
consent You could always say that he tested positive for a commonly
prescribed analgesia If HR want consent form amended it is for them to
do it - however I wouldn't use it for OH means or issues Actually is
this an OH or an HR issue?
Cant really see that the codiene/DF118 (over the counter/commonly
prescribed) a disciplinary issue unless you work in a place where these
are contraindicated (but why?) and obviously depends what it says it
terms and conditions of employment The presence of the GP report appears
to have added to the confusion when it doesn't really tell you much
unless i`m very mistaken As I work with particularly stroppy trade
unions doubtless they would be asking OH why a GP report was deemed
necessary
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of Julie Lawlor
Sent: 19 February 2009 13:21
To: [log in to unmask]
Subject: [OCC-HEALTH] Medical reports/HR
Hello All,
I need some advice please.
Background
An employee failed a drugs test after testing positive for cannabis.
When he
was retested a month or so later he tested negative for cannabis but
positive for opiates. When questioned he said that he was taking
cocodamol as prescribed by GP. Drugs test sent to lab, confirmed
positive test for opiates but for dihydrocodeine and not cocodamol.
I requested a medical report from his GP which I received today. In it
it stated that he was prescribed cocodamol but this was 10 days after
his last drugs test.
I emailed my HR manager who requested a copy of his medical report for
part of his investigation. I refused on grounds of confidentiality. HR
manager isn't happy.
Would I be able to gather information from the medical report and write
a report for her without giving any medical information? HR manager is
also saying that we (me) ammend the medical consent form so that
HR/Management can gain access to the report.
Am I right in thinking that GP's send different reports to people
requesting them depending on who is asking for them ie OH/HR?
Is this common between OH/HR regarding confidentiality and medical
reports or am I just unlucky?
Your help and advice would be much appreciated.
Regards
Julie
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