on 16/9/04 8:45 am, Lisa Willis at [log in to unmask] wrote:
Wouldn't life be easier without HR.
I have always understood that you cannot disclose details about a patient without there permission. The patient themselves, if they wish may tell HR, but may choose not to as they may feel they would be treated with bias.
It is difficult. You can say they have a permanent restriction because of a medical condition without disclosing it, or are covered by the DDA, but I didn't think you had to give them details.
Good LUck
[log in to unmask] wrote:
I'm asking for advice here. Could you tell me where i stand?I have an HR dept who are saying that if I know health info about an employee I am obliged to disclose this to them because if i didn't disclose it as soon as i learned of it they the employer would be liable when/if the employee's health became worse as a result of work. They say I am obliged by law under duty of care to inform the HR dept of this employees health issue(s) regardless of whether I have permission or no. Basically they say if I am aware of the info the employer would be deemed to have known about it and would therefore be vulnerable / liable if they were do nothing about it and things deteriorate healthwise for the employee. I have said that if i deemed the info important enough to to feel the Co. should know then i would discuss it furthger with the employee and try and obtain permission to disclose it thus helping the employee at the same time. But if i don't get that permission then i could not disclose. Clarification would be very helpful. Many thanksHelen~~~~~~~~~~~~~~~ Please remove this footer before replying.
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~~~~~~~~~~~~~~~ Please remove this footer before replying.
For list archives and documents, go to http://www.jiscmail.ac.uk/lists/occ-health.html for list archives
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This has been, and always will be, a difficulty for OHNs. I can see the problem form both sides but OHNs are bound by a professional code of conduct and a clause within that code on confidentiality.
One way of dealing with this is that HR can be informed of the implications of a health condition which may put the health and safety of the employee, or others, at risk without revealing specific details such as the diagnosis. For example an example from my own practice experience: A company driver revealed to me that they had a drink problem had been coming to work under the influence of alcohol. They now intended to seek treatment from their GP and the assistance of Alcoholics Anonymous. I discussed with that employee the health and safety issues and the duty of care of all parties as he was employed to undertake driving duties. I outlined my responsibility to advise management that the client had a health problem which would affect their ability to drive. Until that issue was resolved they are not fit to undertake driving duties. I gave the client the opportunity to see the letter I wrote to management in order that they were aware that no specific confidential medical information had been revealed. All that had been revealed were implications. It was likely that the manager suspected an alcohol problem due to their attendance behaviour but the ball was then in the manager's court.
I hope this is helpful
Anne