Hi All,
It is sadly a very difficult role in OH. They either love us or hate us and
you never please all of the people all of the time.
The trouble is you never know the politics behind some cases and you are a
pawn in peoples game and we don't even know.
I wont see someone without a referral and ask that the person has been
talked through why they are seeing me. Most of the time they do and when
they don't I go through the referral first and ask them if its not signed to
sign that they consent to a report and understand what will be happening. I
then go through my consultation, write notes openly and write report with
them there 95% of the time. If they have to go I gain consent on what I am
saying before they go. The report is then talked through with them again
with the manager at a later date and they sign that they have done this and
then the form is returned signed by OH,Manager and employee and put on their
file. They know they can withdraw consent and they know they can have a
copy.
Mostly they don't. I have had a few people who disagree to the process and I
have given them the options on either no report, try and agree odd words
they don't like and the consequences if they withdraw.I try to encourage
open and honest dialoge so we are all singing from the same hymn sheet and
to break down barriers.
I feel those who set the time for initial consultations i.e. contracts are
trying to be competitive and actually need to realise that the report is
only worthwhile if done properly and that may end up either being dismissed
in tribunerals or going against company if proper protocols are not
followed.
Quality not quantity as it can be a minefield . As Nurses we can potentially
put our registrations on the line if an employee cites we have acted
unprofessionally or not followed our NMC guidelines. A scorned employee has
no conscious. Always protect yourself with good records, consent etc.
If good groundwork is managed in the first referral any reviews tend to be a
lot quicker I find.
All referrals I allow 1 hour for the consultation and writing report etc.
What do others do?
That's my thoughts
Dawn
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]On
Behalf Of Lesley Bamford
Sent: 30 March 2011 10:45
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] OH reports to managers
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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