Sometimes it is useful to say:
Firstly, acknowledge their legal right to the information because you and the organisation are legally entitled to have information needed for their defence - it helps for them to see you as co-operative.
Secondly, then say HOWEVER, you cannot comply with that legal requirement without consideration for the other laws regarding your practice as a professional nurse and the DPA which require a robust attempt at written and informed and specific consent i.e. the employee knows what information is requested, they know why the information is requested, they know to whom the requested information will be made available and they sing to say that they agree. Then you can send it to the named person, on whose head it rests what they then do with it.
Thirdly, it may be helpful to say that what you have is short, long, not likely to be helpful etc as this will help them have a realistic expectation of what they will get in the end instead of thinking you have the key to the defence (which is unlikely)
Tell them you will get the file ready to send as soon as they get you the consent. You are then seen as doing everything you can within the law to help them with their problem without actually compromising your registration. There is nothing more frustrating for an employer who has worries and concerns to hear 'I cannot tell you or help you, its confidential' from their OH nurse - it can be a wall that a lack of confidence appears to hide behing even when that is not the intention. It leaves them with a feeling that there is nowhere to go. Acknowledge their frustration and find a way to be helpful where you can even if this is a signpost to someone else with a possible solution and this will go a long way to mutual respect and further co-operative working.
Good Luck
Sue
Advanced Notice: I am leaving the Trust on the 6th December. Please post on any subscripted emails to [log in to unmask]
Susan Gorton | OH Nurse Manager | Occupational Health Department | Great Ormond Street Hospital NHS Foundation Trust | Level 3, Ormond House, 26-27 Boswell St., London WC1N 3JZ |020 7405 9200 Ext 0247 | DD to OHD 020 78138554 | Direct Fax 020 78138355 | Mobile 07833294568
Please be advised that all e-mail communication relevant to assisting in the management of the OH process will be printed and entered into the individual's OH file or copied and added as an electronic note on their electronic OH record. This may therefore be disclosed under the Data Protection Act (1998).
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-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Sarah Walker
Sent: 21 November 2013 07:37
To: [log in to unmask]
Subject: [OCC-HEALTH] Advice re: request for records from insurance co.
Hello all,
I am after some advice on the process for insurance companies requesting OH records.
I am new to a stand alone OH position and have been used to always having a team around me and have never had to deal with this directly before .
I saw an agency staff member at the request of the H & S advisor as he was giving conflicting (and concerning) information on his accident form and they just wanted me to chat to him to discuss any health issues and advise him further re: seeking medical advice etc. I only have less than a page of notes on him as had never seen him before, but I had a phone call from the H&S advisor at the end of the day yesterday saying that the insurance company needed a copy of anything I had by the end of the week as he had put in a claim following his accident.
Please advise
Thank you
Sarah
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