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Hi Cath Cognisant of one of your earlier emails which relates to HR It would be simpler all round if the worker asked for a copy of his records and then passed those on to his lawyer. As the lawyer is the equivalent of workerıs representative then with his signed consent I canıt see why you canıt supply those records. In view of issues with HR which you posted about a couple of weeks ago I would still check it out with the RCN in case there are any repercussions. Good luck Anne On 14/08/2013 21:58, "Cath" <[log in to unmask]> wrote: > Hi Anne > > I work for his part time role company(A) and he is claiming against his full > time role company (B)it is the full time role solicitors(B) who have requested > his OH records from our company(A) also should there be a financial cost > implication as there is when asking for a GP/Spec report. > I love interesting, I used to be an AEU sister for many years, so strange was > often the norm, and it beats health surveillance every day. I try to learn > something new every day, and am rarely surprised by people these days, but > sometimes one crops up the stumps me, or doesn't feel quite right, which makes > me eternally grateful for the advice and support on jisc, as I am a lone > practitioner. > > many thanks > > Catherine >> >> ----- Original Message ----- >> >> From: [log in to unmask] >> >> To: [log in to unmask] >> >> Sent: Wednesday, August 14, 2013 9:40 PM >> >> Subject: 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 ³this company² 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 >> donıt 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]> 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 >>> ******************************** 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