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Well it looks like the GMC and Faculty are slugging it out yet again, good for them. My stance, employee signs informed consent to review and report to management, it's a legally binding contract so business as usual. I maintain confidentiallity as part of MY pb's COC, legal precidence and statute or until legal tell me otherwise. If the GMC wins with the Faculty and this does come to pass I can imagine the SLA's will need extending by a couple of months for ohp reports and that will result in the vast majority of oh work being done by the same ones who do it now! OHA's.... so no change there either. Happy days and full clinics. Regards to all Malcolm OH services manager UBS Apple 3Gs On 8 Oct 2009, at 07:52, "Cheatle, Jane L." <[log in to unmask]> wrote: HI All For further information on this subject- I sought advice from a very experienced OHP who had this to say: It’s an old chestnut. Faculty of Occupational Health has been in dispute with the GMC over this issue. It will eventually have to be settled in court AMRA is quite clear that you are required to permit patients to see the report if the report is prepared by a doctor who is TREATING the patient. OHP’ s do not treat, they advise employers We send copies of reports to the employee 14 days after the consultation at FWC (except in certain circumstances) but we don’t allow them to see the report before it is sent to management. It makes nonsense of the referral if the employee can revoke permission when the referral was made by the employer. I shall continue to send reports to management without the employee seeing them first From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Lindsey Hall Sent: 07 October 2009 21:28 To: [log in to unmask] Subject: Re: [OCC-HEALTH] Employee consent for reports - GMC guidance Hi all Interesting debate, particularly about OHAs not being affected. I am not sure how long that will be the case for, as our role and the OHPs role are much more blurred than they use to be. How many of you are now carrying out a case and absence management report writing role that used to be the sole preserve of an OHP 5 or 10 years ago? – Well after AMRA. One of the companies that I work for is considering a 3 part consent in response to this on the basis that not all employees will want to see the report and this is a way of filtering out the minority (hopefully) that do: 1) I wish to see the report before it is sent 2) I wish to receive a copy of the report when it is sent 3) I do not wish to receive a copy It will still put some significant delays into the process for those that do wish to see before release but provided timescales are put into the process - aka the 21 days – this might play into the employers hands. If consent to release in a reasonable period is not given, they can then act on the information available, which is often simply that the employee is absent - an absence which has just become much more difficult for the employee to justify. Such a system may also put the onus much more on the manager to get informed consent signed before referral which is also good practice but not always easy with some employer and managers not used to well established OH services. Thanks Lindsey Lindsey Hall Independent Occupational Health Adviser Split Dimension Ltd 07771 596111 Phone/Fax 01454 852715 www.splitdimension.co.uk This electronic transmission is strictly confidential and intended solely for the addressee. If you are not the named addressee or think you may not be the intended recipient you must not use, disclose, distribute, copy, print or rely on the contents of this transmission and should destroy it immediately. If you have received this transmission in error, please notify me as soon as possible. Please note that Split Dimension does not accept any responsibility for viruses and it is your responsibility to protect your computer systems against any possible viruses contained in this transmission and/or attachments. Split Dimension Ltd. Registered in England and Wales. No 5725582. From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Kim Scaysbrook Sent: 07 October 2009 12:06 To: [log in to unmask] Subject: [OCC-HEALTH] Employee consent for reports - GMC guidance One of our OP's came in today and has been to a seminar on consent. As I understand what he was saying - the GMC have now interpreted OP role as providing care to individuals (even through they don't prescribe etc) and therefore all reports should have employee consent to release before they go to manager/HR etc on a similar basis to that used under AMRA ie they have the right to see the report and withdraw consent for it's release. He is going to discuss this with the other OP's and the Nurse Manager on Friday. Alan - have you heard anything about this? At present, it doesn't seem to have filtered to the NMC for the OH Nurses but I imagine that their will be implications for us as well. Your thought's appreciated Kim -- Kim Scaysbrook LAOHN Secretary ******************************** Please remove this footer before replying. 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