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I would say as there is no formal process in place to support ownership and accountability of referral in relation to data protection and you cannot just give ad hoc advice. Normal employees have referral to OH/independent medical assessment included in their terms and conditions of employment and I would presume this guy doesn't? Regards, Carr On Oct 4, 2012 1:37 PM, "Tracy Turner" <[log in to unmask]> wrote: > Hi Carr. Thank you for this advice. Can you advise me why I should not be > helping them with the decision please. I dont htink I should be involved > but I am not sure why or how to put it to HR. Thanks Tracy > -----Original Message----- > From: Carr Barnes <[log in to unmask]> > To: OCC-HEALTH <[log in to unmask]> > Sent: Thu, 4 Oct 2012 13:25 > Subject: Re: [OCC-HEALTH] contract workers > > I agree this is a potential can of worms. HR and the agency need to work > out how they manage health at work including who pays for what referrals, > phased returns etc who takes responsibility etc. and have all this > documented . > In the absence of that they need to proceed as if they have no OH and have > a conversation with employee and make arrangements as based on that > conversation. You could direct them to the MacMillan website section for > employers of people with cancer but otherwise step back. > Regards, Carr > On Oct 4, 2012 10:09 AM, "Susan Gorton" <[log in to unmask]> wrote: > >> The reasons we usually need to have a referral and someone to write to is >> because you shouldn't otherwise see him if there is no reason. So whoever >> has the concerns whould put them in writing and give you a clear >> accountability trail or quite frankly shut up. If you pass him 'unfit' and >> he doesn’t understand that may be a possible outcome of your assessment you >> could be in breach of Data Protection which says the person must understand >> the reasons for why someone is collecting personal sensitive data about them >> >> If you do see him then just be careful about being too welfare orientated >> and not risk assessing. >> >> How does anyone know when too much is too much. Part of the gentleman's >> recovery will also be psychological and this includes returning to work >> obviously or he wouldn't be there. >> >> Whilst you may make an assessment that a 'nice to have' would be a more >> gentle reintroduction to all aspects of the role after an absence, perhaps >> in terms of the more physical aspects of his role (he may have lost some >> muscle bulk from being away and therefore this would be a natural concern) >> or even a shorter few days in the beginning, this is not the same as >> 'absolutely needs to have because there is a real risk of harm if not' . >> >> if he has already been on site and done some work, use the evidence data >> arising from that activity. If not what has he been doing at home to get >> himself fit for work, he may have been going to the gym every day for all >> you know till you talk to him. >> >> good luck >> Sue >> -----Original Message----- >> From: [log in to unmask] [mailto:[log in to unmask]] On >> Behalf Of Tracy Turner >> Sent: 04 October 2012 09:54 >> To: [log in to unmask] >> Subject: Re: [OCC-HEALTH] contract workers >> >> Hi >> >> I keep all OH records confidentially on site. There is no formal process >> to do contract workers Health surveilance. HR have asked the man to >> conplete a post offer assessment form. It is clear that there are >> significant medical issues and as this is his frst role after several >> months absence I am concerned that 8 hours shifts will be too much for him. >> If this is the case and I inform our HR who informs his company? I dont >> mind assessing him and advising the business just wandered of the >> legalities. Thanks Tracy >> >> ******************************** >> 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 >> >> ********************************************************************************************************* >> >> This message may contain confidential information. If you are not the >> intended recipient please inform the sender that you have received the >> message in error before deleting it. >> >> Please do not disclose, copy or distribute information in this e-mail or >> take any action in reliance on its contents: to do so is strictly >> prohibited and may be unlawful. >> >> Thank you for your co-operation. >> >> >> ********************************************************************************************************* >> >> >> ******************************** >> 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 >> > ******************************** 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 > ******************************** 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 > ******************************** 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