Hi,
I tend to agree. Like I said before when giving advice regarding any
workplace modifications and or phased return you are still giving the
manager information about that individual, and if they have not
consented to the report I think that you are still breaching
confidentiality. The HR manager has said that she really does not need
to know medical details so cannot see why me giving my advice and
professional opinion needs consent from the employee.
What does everyone else think?
Kind Regards
Lesley Bamford BSc(hons) SCPHN-OH
Occupational Health Advisor
* Green Lane, Walsall, WS2 7PD
( Tel. +44 (0)1922 638282 Ext. 5325
*Mobile: +44 (0)7854 474138
: E-mail : <mailto:[log in to unmask]>
* Web : http://www.south-staffs-water.co.uk/
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of N. Rostami
Sent: 29 March 2011 20:48
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] OH reports to managers
Hi Catherine,
I am not so sure if giving advice about one's fitness for work is not
breeching the individual's rights when they have withheld their consent
for
assessment and release of feedback to management....
An interesting scenario to analyze from ethicolegal point.....Anyone
else
would like to comment?!
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf
Of Cath
Sent: 29 March 2011 20:32
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] OH reports to managers
Hi Lesley
We ask for written consent to the consultation and for the report to be
sent
to HR/manager. We advise prior to completion and email of the content of
the
report. If they decline the report being released we ask why and try to
explain if any concerns with the report, we do not do surprises. We
email
the manager/HR advising of the refusal to release the full report, but
still
advise if /when fit to RTW, if any adjustments/restrictions recommended
and
details of a phased RTW plan if required.
Catherine Farrimond
----- Original Message -----
From: "Lesley Bamford" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, March 29, 2011 10:55 AM
Subject: [OCC-HEALTH] OH reports to managers
Hi All,
I would really appreciate knowing what you are currently doing in your
practice about the following.
I am looking at changing my practice regarding the process of sending my
OH
reports to managers. In the past I have discussed the content of the
report
with the employee prior to writing it and sending it to management and
obtained their verbal consent for the report to be sent. I also offered
to
send them a copy of the report if they so wished. Revised guidance from
the
GMC in 2009 stated that an OH doctor should ask the worker whether he
wanted
a written copy of the report prior to it being sent to management and,
if he
said that he did, allow him a reasonable time to decide whether to
withdraw
consent to it being sent. Due to some recent case law, it would now
appear
advisable for OH Advisors to adopt this practice. I have discussed this
with
the HR manager and despite my best efforts to reassure that this will
make
very little, or most often, no change to my reports and advice she
remains
concerned. Timescales of doing this are an issue when advice is needed
quickly.
My question is (I am getting to one I promise!) What do you do if an
employee withdraws consent? Do you allow them to in effect dictate and
rewrite the report omitting any information they don't want in there?!(I
am
not comfotable with this and afraid that this may compromise any advice
I
give) or do you not send any report at all and advise the manager of the
reason and that they are entitlled to act without it?
My advice and recommendations are very unlikely to change despite what
an
employee requests, so would it be acceptable to split my report into
information regarding the employees medical status and my advice to
managers
and only allow the employee to request changes to the medical content?
But
then this may also mean referring to a condition they don't want
disclosing!I do also recognise that an employee can refuse permission
for
any sort of report to be sent.
My head is spinning!!
Regards
Lesley
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