Confidentiality is a mine field Diana Kloss 5th edition useful if ever in doubt. in a previous position an 0H manager (nurse) passed confidential information to HR managers and stored it on a group accessible computer drive she was highly regarded by the company but as a specialist practioner she was and still is a disgrace it is refreshing to see so many nurses who hold the confidentiality ethic in high regard I take my hat off to you I was a coward I left the company and allowed her to carry on her abhorrent behaviour for which I am ashamed

Sent using BlackBerry® from Orange

From: Carr Barnes <[log in to unmask]>
Sender: [log in to unmask]
Date: Wed, 3 Aug 2011 22:21:57 +0100
To: <[log in to unmask]>
ReplyTo: Occupational Health mailing list <[log in to unmask]>
Subject: Re: [OCC-HEALTH] Confidentiality issue and OH report

Hi Kate 

I think you raise a valid point about dealing with complaints etc but my impression was the concern was this was just an arbitrary request to read a report without any justification behind it. 

If such access is required then processes should be clear about the hows and whys e.g. in a complaint when making the complaint the employee signs a consent to give the relevant complaint team members access to the report for the purpose of dealing with complaint and only dealing with the complaint. 

We often get manager's ringing up asking for copies of a report because the referring manager has gone on annual leave and they are "line managing the employee"; we ask them to go via the appropriate request routes and do not agree to send it. 

Just my humble opinion :)

Carr

On 3 August 2011 21:58, kate owen <[log in to unmask]> wrote:
Have I missed something? The Manager is asking to see the OH report written to the line manager and I presume that it would have very little if any medical and confidential information in it. They are not asking to see OH records which are medical records/GP report etc if they are then please disregard the following: NB: The case referred to re: Tracey, if my memory is correct, is one where HR wanted access to medical records kept by the OHA.
 
I am not a manager however if I did have management responsibility for an OHA and was not a nurse or doctor (which is not an uncommon situation) then access to the reports written by staff (NOT THE MEDICAL RECORDS) would be (to me anyway) assumed. Without that how could I effectively deal with a complaint, a potential ET etc etc.
 
Yes the simplest way for everyone to feel comfortable is that the individuals informed consent is requested for the report to be provided to a named line manager and when there is a need to know. And to prevent any breeches of confidentiality I ensure my reports provide advice with very brief details of the rationale (medical situation) that has led to that advice. If I ever think the client may have doubts I ensure they see the report before it is sent.
 
If faced with the same situation as you I would suggest that my manager requested the report from HR or the line manager and if he/she has good reason I am sure HR and the line manager would oblige.
 
If a manager was related to a member of staff they would need to justify the need to know/access the information and would be in breach of the DPA if they accessed just for the sake of it. Hence why I would be extremely careful in such situations to only provide the information required to safely manage the individual at work rather than providing anything that resembled a health record/report.
 
 
 
 
 

 

From: "[log in to unmask]" <[log in to unmask]>

To: [log in to unmask]
Sent: Wednesday, 3 August, 2011 20:41:38

Subject: Re: [OCC-HEALTH] Confidentiality issue and OH report

The other successful ploy might be to raise with the line manager – if he can demand to look at an employee’s records would it be OK The non-clinically qualified head of the OH &S service (lets call him Mr Manager) must also have a line manager – lets call him Mr Big. I have used the following argument:   ask Mr Manager this Q: if Mr Big asked the same Q – he would presumably have no objections to the OHN passing information held within his (Mr Manager’s) records.

Anne


On 03/08/2011 20:28, "Carr Barnes" <[log in to unmask]> wrote:
I wonder how he would stand up in court and justify why he needed to see that report? 

On 3 August 2011 20:26, [log in to unmask] <[log in to unmask]> wrote:
Thanks for this Jo – I would have spent ages trying to locate it. I could remember that the OHNs name was Tracey but I couldn’t remember her surname.

Anne



On 03/08/2011 19:39, "joanna edwards" <[log in to unmask] <[log in to unmask]" rel="nofollow" target="_blank">http:[log in to unmask]> > wrote:
Hi Anita

I think this is the case Anne refers to:
  
http://www.xperthr.co.uk/article/44174/tribunal-ruling-backs-oh-in-confidential-records-fiasco.aspx?searchwords=disclosure+documents+tribunal

Good luck,

Jo
Date: Wed, 3 Aug 2011 18:42:53 +0100
From: [log in to unmask] <[log in to unmask]" rel="nofollow" target="_blank">http:[log in to unmask]>
Subject: Re: [OCC-HEALTH] Confidentiality issue and OH report
To: [log in to unmask] <[log in to unmask]" rel="nofollow" target="_blank">http:[log in to unmask]>

Message
Are you in the RCN or other professional organisation, Anita?  Sounds like you need some help from somewhere that can give you professional and personal support.



Good luck



Jane Lilley
From: [log in to unmask] <[log in to unmask]" rel="nofollow" target="_blank">http:[log in to unmask]>  [mailto:[log in to unmask]] On Behalf Of Anita Churchouse
Sent: 03 August 2011 6:15 PM
To: [log in to unmask] <[log in to unmask]" rel="nofollow" target="_blank">http:[log in to unmask]>
Subject: [OCC-HEALTH] Confidentiality issue and OH report
Sensitivity: Confidential



Hi (another delicate confidentiality issue, opinion sought)

To all especially any local authority OH colleagues as I work for a nameless local authority...

I wonder if any of you can provide guidance and reassurance  on a delicate issue, (I am of course seeking union guidance and have sought Data Protection information and am awaiting some advice from legal).

I am a Team Leader, my manager is a non medical Safety ( & OH) Manager. He has requested a copy of an OH report about an employee. I have refused to provide this, as my confidential agreement with the individual to whom it concerns is that it will go to her manager, HR and a copy to herself.

My manager states that as he is my manager he can demand a copy of the report as basically he trumps me ( so to speak, although he did not use those words to be fair). I have still refused on grounds of confidentiality, professional credibility, consent and data protection. I have advised that I am happy to contact the individual to whom the report concerns and ask consent to release the report, but will not release without that explicit consent, he is unhappy with that suggestion (? why ? principle and his rights as a manager I believe).

He has as a result gone and had discussions with his manager  ( the senior service director) and with the organisation HR manager who tell him he is in the right as he is after all “ the overall manager” of OH  and needs to be able to fully discuss the service at senior level if called to do so.

He has relayed this information to me today ( although this is no longer about the specific report so much as the overall principle) and I have still stood my ground and declined to allow any reports to be released without written consent from the individual's to whom they relate. I have suggested he can seek any report from the individual themselves, or from their manager (and that should again be with consent of the individual and on a need to know basis in line with data protection). He is not happy with my response as he feels as my manager he has a right to access the report ( although agrees at least he cannot access the actual medical files).

I have provided arguments about professional accountability ( which he states he respects, but this does not appear apparent at this time),  we have discussed that if he “ trumps me”, then his manager “ trumps him” and where does this end!, he agrees that is indeed his opinion and  in fact the case in his view and fully acceptable and remains unhappy with my refusal to step down ( argument wise rather than job wise that is at this point anyway).

I have suggested that as his wife also works for the organisation, where do we stand if for example she were required to attend the service, since this would also mean he can access that report. He tells me he does understand my position, we generally have a good working relationship and have done so for 2 years, but I am in a position now against him and very senior management and I need all the reassurance and guidance I can get to ensure the right action. ( I believe I am right but you start to have a lot of self doubt with a lot of high level involvement that do not fully understand the OH position). His argument is that the OH report does not contain medical confidentiality, which to some extent is true with our current style, but still has to be protected in line with Data Protection in my opinion (although some arguably do contain medical confidentiality but with consent).

The current suggestion from him is that we gain consent at the start of the appointment to allow him ( as my manager), his manager ( the service director) and the senior HR manager as well as the usual HR advisor /  and individual’s usual manager to have access to the report if requested. This I think undermines any credibility ( apart from being ridiculous) that we have struggled hard to achieve in recent years. I have asked him to seek a legal opinion from the organisation legal department and we will meet again to discuss this issue. ( Meanwhile I am going on holiday for a week!)

I believe, from all the evidence I have, that I am in the right to stand my ground, but do not think this issue will now go away as it is a whole big principle thing it seems. We have not had this request in the last 2 years ( since I started there) and not sure why it has come up now.

Any additional advice appreciated, or has anyone else been in this situation and got suggestions .

(I am well supported luckily by a great team who do understand and we stand united in OH)

Thanks

Anita Churchouse

Team leader, local authority

(BSc OH / SCPHN)

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