hi all
this is interesting
when i meet an employee as you all are likely to do i set an
expectation at the start of the review in that i advise of what the
referral contains and the answers the employer is looking for
remaining independent - i and the organisation i work with triage the
referral firstly to ensure there is enough on it to steer a review
and to ensure it is appropriate for an OH review
consent of information is agreed to release and i explain what is
appropriate - i keep clinical content out and guide on the functional
aspects that may limit etc
where there is a non agreement i explain how this may affect them in
their employment however that is not something i am privy to and will
put a comment in if i felt the review was closed/lacking of
information from the employees account and if there are particular
health and safety aspects that may hinder a return with this then the
law overrides it all e.g that may affect them and others if we dont
put measures in to safeguard
i could go on however i dont let them see the report before sent as
its not under NMC guidance or similar only GMC and given i am not a
physician then i cant justify it - they understand if there are
factual errors these can be changed but opinion cannot unless further
evidence or information is represented to change opinion
hope this helps
steph
On 30 Mar 2011, at 08:52, Hazel Archer wrote:
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> Hi
>
>
>
> We discuss this with them when they attend at Occupational Health
> and go through the reasons for their referral to us. If there are
> any issues we deal with them accordingley
>
>
>
> Cheers H
>
>
>
> Please consider the environment before printing this e-mail
>
> From: [log in to unmask] [mailto:[log in to unmask]]
> On Behalf Of N. Rostami
> Sent: 30 March 2011 08:41
> To: [log in to unmask]
> Subject: Re: [OCC-HEALTH] OH reports to managers
>
>
>
> Hi Hazel,
>
>
>
> You say ….’We get signed consent on the referral form to
> Occupational Health’…, how do you know this is an informed
consent?
> As you know consenting is not just about saying ‘yes’, or
‘signing
> a form’. We are required to demonstrate that the employee has
> received adequate information prior to consenting for an Oh
> assessment and feedback report to management…..How do we know
that
> they have not just signed the form for the fear of otherwise being
> disciplined…..
>
>
>
> N.
>
>
>
> From: [log in to unmask] [mailto:[log in to unmask]]
> On Behalf Of Hazel Archer
> Sent: 30 March 2011 08:33
> To: [log in to unmask]
> Subject: Re: [OCC-HEALTH] OH reports to managers
>
>
>
> Morning!
>
>
>
> We get signed consent on the referral form to Occupational Health
> or, if possible, we include the individual’s manager on any
> discussions, with the individual’s permission, particularly if
it
> is Rehab. We can then discuss what the individual is capable of
> performing and the Manager, who has greater knowledge of tasks
> performed in the workplace, can propose a Rehab programme to
> accommodate this if possible. This tends to work very well within
> our company.
>
>
>
> If they are seen by our Company Occupational Physician, he obtains
> consent for the report to be sent to Human Resources/Manager.
>
>
>
> Cheers H
>
>
>
> Please consider the environment before printing this e-mail
>
> From: [log in to unmask] [mailto:[log in to unmask]]
> On Behalf Of Rita Ogden
> Sent: 30 March 2011 08:13
> To: [log in to unmask]
> Subject: Re: [OCC-HEALTH] OH reports to managers
>
>
>
> I do not get written consent for release of my report. Rightly or
> wrongly, I assume I have the client’s informed consent because
they
> a) turn up for the appointment and remain after I have explained in
> full what is going to take place and b)I always inform the client
> what will be written into the report for management/HR. This has
> never posed a problem for me and I know that my reports have been
> presented at several tribunals/hearings.
>
>
>
> Rita E.Ogden
>
> Lead Occupational Health Specialist Practitioner
>
> Occupational Health Service
>
> Westbrook Building 9H
>
> Bradford College
>
> Great Horton Road
>
> Bradford BD7 1AY
>
> Tel: 01274 433259
>
> From: [log in to unmask] [mailto:[log in to unmask]]
> On Behalf Of sharon
naylor
> Sent: 29 March 2011 22:39
> To: [log in to unmask]
> Subject: Re: OH reports to managers
>
>
>
> Do all list memebrs get written consent to release reports? Have to
> say that I dont - but I do discuss what I will write. I am aware of
> the time limitations that some OHA`s have ref the amount of time
> they are given to peruse notes/referrals/take a history/discuss /
> write reports , some are given 30 mins to do this per client. Also
> - if thre is a paperless system that runs on (eg) scanned
> documentation how practically can you obtain written consent? I
> understand the guidelines but having difficulties imagining how
> this could be worked into practice, esp if peripatetic and
> dependant on a laptop.....
>
>
> > Date: Tue, 29 Mar 2011 22:15:23 +0100
> > From: [log in to unmask]
> > Subject: Re: [OCC-HEALTH] OH reports to managers
> > To: [log in to unmask]
> >
> > Dear Lesley
> >
> > It is your report for which you will require to be accountable
in
> law.
> > Advise HR that you are compliant with FOH best practice
> recommendations
> > which will be in the best interest of the organisation should
the
> case
> > proceed to tribunal.
> >
> > Obtain written informed consent for disclosure to the
> organisation (ie: HR)
> > from the employee prior to proceeding with the interview/allow
> time for the
> > employee to have sight of the completed report and, if he/she
> wishes to
> > withdraw consent to release the report, he/she must have been
> made aware
> > that the organisation will require to proceed without medical
> evidence;
> > this is his/her right but may not be in his/her best interest.
(I
> will
> > discuss this with the employee and to date not had an employee
> decline to
> > release the report following discussion.) If consent is
withdrawn
> by the
> > employee, do not send the report/any information to the
> organisation since
> > this would be considered a breach of their rights.
> >
> > In terms of the referring to a medical condition, Kloss recommends
> > reference to the effects of the condition on the employee's
work
> and so on
> > but not the actual condition.
> >
> > I hope this is helpful.
> >
> > Best regards
> >
> > Catherine
> >
> > On Tue, 29 Mar 2011 10:55:18 +0100, Lesley Bamford
> > <[log in to unmask]> wrote:
> > > 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
> > >
> > > ********************************
> > > Please remove this footer before replying.
> > >
> > > OCC-HEALTH ARCHIVES:
> > > http://www.jiscmail.ac.uk/lists/occ-health.html
> > >
> > > CONFERENCES AND STUDY DAYS:
> > > http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
> >
> > --
> > Catherine Mackay
> > MSc (Work Psychol.) Grad.IOSH
> > l: +44 131 445 4448
> > m: +44 7956439163
> > e: [log in to unmask]
> > w: cmkhealthatwork.com (under reconstruction)
> >
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