I have a statement on my referral forms which explains that a report will be
prepared by the occupational health specialist in relation to the referral
so the employee knows that this is expected (they see and sign the referral
form), on the rare occasion that this has happened to me I have just simply
said that the report has not been released due to non-consent or withdrawal
of consent by the employee. I wouldn't advise that the employer manages the
case without this info or adjustments etc as I think it is their decision as
to what they do next. However, I would tell the employee that withholding
consent may not be in their best interests and to speak to their union or
another representative about their decision.
I would therefore not see it as a confidentiality breach as the employee
knew a report was expected following the consultation and so logically the
employer would need to be told if it could not be released.
Regards
Karen
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
Of Jane Mountain
Sent: 22 July 2017 12:23
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Confidentiality
Yes quite right
My question relates to
Is the Oh professional in a breach of confidentiality if they inform the
employer in writing that their employee has withdrawn consent for them to
send out a report.
One barrister s view is that even Informing the employer this is a BREACH of
confidentiality to the employee .. how can the s be??
is there a landmark case here?
It seems wrong to me and I want to get to the bottom of this issue Thank
Jane
Sent from my iPhone
> On 22 Jul 2017, at 11:34, Tracy
<[log in to unmask]> wrote:
>
> Hi. People can withdraw Consent at anytime. This does not help the
employee if they need support and perhaps you need to find out why they have
withdrawn consent. Your opinion cannot be changed however they may consent
to the report if some wording is changed. If danger to themselves or others
you can advise not fit etc however you cannot say why.
>
> Sent from my iPhone
>
>> On 22 Jul 2017, at 10:48, Jane Mountain <[log in to unmask]> wrote:
>>
>> Dear list
>>
>> Could anyone please advise( I am sure of the correct answer but I
>> would like to sense check with senior colleagues .)
>>
>> If a client consents to a management referral then following the
consultation and reading the report from either a physician or anOHA the
client then refuses to allow the report to go back to the business be it Hr
or the manager; then we have an obligation to inform the business in writing
that the client refused to allow the report to be presented therefore the
business must manage the situation without the medical advice and any
recommendations on reasonable adjustments.
>> A very senior member of our Dept is of the understanding following a
conference by a respected barrister who shall remain nameless that the
medical professional should Not inform the business of the as this is deemed
as a breach of confidentiality..... this seems to me to be no help to the
business what so ever.. if no information is provided to the business then
how can the situation be moved on to nest steps which is the aim for all
parties , particularly for the employer .
>>
>>
>>
>>
>>
>> I would welcome any evidence / advice on this issue.
>>
>> Thanks
>> Jane
>>
>> Sent from my iPad
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