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How much medical information do these questionnaires request? If they are focused on "do you have any impairment and feel you need adjustments" type and answer is yes or no and he is screening that and it is not called a " medical/health form" implying confidentiality then that would be acceptable ...but I get impression that's not the case? He is assessing medical information? Carr On 23 Oct 2014 12:32, "Teresa Goodyear" <[log in to unmask]> wrote: > Hi Wendy, > > Thanks for your reply... > > > > The external OH questionnaire is filled out by employee who has been > offered role, my employers Data Protection Officer (Employee Relations > Manager) opens the external OH questionnaires that they have completed, and > then he decides which one is sent to the external OH provider. He is not > medically trained and the individuals completing the questionnaire are not > aware and have not consented to him reviewing their private and > confidential medical information. > > > > Regards > > > > Terri > > > > *Terri Goodyear* > > *Occupational Health Advisor* > > CBS WREF Services > > > > > > > > *From:* [log in to unmask] [mailto:[log in to unmask]] *On > Behalf Of *Wendy Stimson Ladd > *Sent:* 23 October 2014 11:49 > *To:* [log in to unmask] > *Subject:* Re: [OCC-HEALTH] breach of patient confidentiality- access to > information without consent > > > > Oh Terri, hope you are feeling a little calmer now. > > > > Could you just clarify please - are you saying that the (your) Employer > opens / reads the forms and decides whether or not to pass on to OH > provider, or they are passed on to an external OH provider where a non > medic opens them for review? > > > > Kind regards > > Wendy > > Wendy Stimson-Ladd RGN SCPHN (OH) > Director > > AWL Occupational Health Ltd > Occupational Health, Workplace Mediation and Coaching > > Tel: 01293 532477 > Mob: 07814 288642 > Website: www.awloh.co.uk > LinkedIn: http://www.linkedin.com/profile/view?id=77137393&trk=tab_pro > > Based in West Sussex > AWL Occupational Health Ltd is a Company registered in England and Wales. > Registered number: 7380521 Registered office: The Apex, 2 Sheriffs > Orchard, Coventry. CV1 3PP > > > Please be advised that all e-mail communication relevant to assisting in > the management of the OH process will be entered into the individual's OH > file. This may therefore be disclosed to the client under the Data > Protection Act (1998) > > > > On 23 Oct 2014, at 11:28, Teresa Goodyear <[log in to unmask]> > wrote: > > > > Dear List, > > I wonder whether I could ask for your input/advice on a subject matter > that I have just become aware of this morning and to say I am gobsmacked, > shocked, stunned, astounded and any other word you can use to this affect, > is an understatement! Please note that this does not in any way implicated > the company in my e-mail address as these are not my employer. > > > > I have been trying to resolve an issue with my corporate entity on the > visibility of pre-placement questionnaire and baseline appointment outcomes > from an out sourced OH provider they use as part of their new starter > recruitment process. I indeed completed one of the questionnaires as part > of my recruitment process to be appointed in my current role. So after 2 > years after many many discussions a TC was finally arranged and myself, > Compliance/Global Risk Manager, senior HR advisor and Data Protection > Officer (Employee Relations Manager) were present on the call. I recorded > the call so have this all on tape. > > > > After much discussion about my role on site, the OH role in general we got > onto the current process of how the external OH provider get involved and > feedback issues/advice from the questionnaires they review. I have found > out that the Data Protection Officer (Employee Relations Manager) opens > these questionnaires, reviews them and decides which ones he forwards on to > said external OH Provider. To say my chin hit the floor is an accurate > description of my initial reaction and after some delay while I considered > what he had said, I then said 'as a qualified Nurse, I am duty bound to > tell you that this process is unethical/ verging on unethical as you are > not informing the applicants that a non-medical person is reviewing their > private and confidential medical information, I indeed was not aware and > did not give my consent for you to review my information as part of my > recruitment process'. The afore mentioned chap said he took great offence > to my questioning his integrity and his ethics, I replied that I was duty > bound to explain that the 'process' is wrong, if the individuals are not > aware that non-medical personal are reviewing their private and medically > confidential information. > > > > My question is- what do I do next? I am fuming that he has reviewed my > information and I did not give my consent for him to do this, so I am > considering raising a grievance, albeit 2.5years late as I am now aware of > the process. Do I inform employees that this happened and their > information has been viewed by a non-medic without their consent, who would > I report it externally to- is this required? The compliance/global risk > manager is going to escalate to her boss, but I am also sure that after my > comments and afore mentioned chaps response he will try to raise a > grievance against me! > > > > I am stewing!!!!! > > > > Thank-you in advance for any help/advice > > > > Terri > > > > *Terri Goodyear* > > *Occupational Health Advisor* > > CBS WREF Services > > > > > ------------------------------ > > > This e-mail was sent by GlaxoSmithKline Services Unlimited > (registered in England and Wales No. 1047315), which is a > member of the GlaxoSmithKline group of companies. The > registered address of GlaxoSmithKline Services Unlimited > is 980 Great West Road, Brentford, Middlesex TW8 9GS. > ******************************** 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 > > ------------------------------ > > This e-mail was sent by GlaxoSmithKline Services Unlimited > (registered in England and Wales No. 1047315), which is a > member of the GlaxoSmithKline group of companies. The > registered address of GlaxoSmithKline Services Unlimited > is 980 Great West Road, Brentford, Middlesex TW8 9GS. > ******************************** 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