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

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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 “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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