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Re: [OCC-HEALTH] Odd query This is quite complex – I am assuming you are a member of the RCN. I would suggest that you also get advice from them. Chris Cox who is director of the RCN legal services would be the best person at the RCN to advise you but you have to go through the correct processes to get to him. Contact RCN direct in the first instance and ask how to access advice of the legal team.

Can you clarify what you mean by “this company”  perhaps I have misunderstood your email. I am unsure why he has put in a claim against company B when the incident occurred whilst working with company A. Is this the equivalent of an OHN requesting a report from a hospital consultant or GP. If so think about how much you would expect them to pay for this.

I would strongly recommend gaining legal advice on this one so that you don’t put a foot wrong. The worker could ask for a copy of his own records subject to Data Protection legislation anyway subject to paying the usual data protection fee. One way around it would be for the employee to exercise his rights under data protection legislation.  You would have no option but to release copies of the notes should you be issued with a subpoena to do so by a court of law.

You certainly face challenges, Cath.

Anne


On 14/08/2013 21:11, "Cath" <[log in to unmask]">[log in to unmask]> wrote:

Hi knowledgeable collective
I have a query I would appreciate your advice on. At one of the two companies I am shared with, there is a part time/as when required/available employee, (HGV driver), who was absent for a prolonged period of time last year, due to a work related accident at his full time role with another company.

I managed him back into work, on a phased return to work plan, and with some emotional support as he was struggling with returning to his full time role with the otther company, as he described/displayed what looked like a post traumatic reaction to the accident, (hit and seriously injured by reversing FLT at night -yes he was in the pedestrian area and wearing his hi vis) he presented as a sincere, genuine guy. I recommended if he was having these difficulties he discuss the possibility of some psychological support with his GP and company.
I have now receieved a signed consent form for my OH records from his other employers solicitors. He has put in a claim against this company. I am unsure of how to proceed with this.
1 - I have discussed this with my HR manager, and she has agreed to me seeking this advice from yourselves as she also does not feel comfortable with this request.
2 - I am not employed by the comapny he is claiming against.
3 - Am I leagally bound by this request and what do I disclose.
3 - Should I ask him what they are seeking and why.
4 - Should they not be seeking their own OH advice.
5 - Are there legal implications involved with disclosing his information to his other employer. (No request from his solicitors)
many thanks in advance
Catherine Farrimond
OHA
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