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If a client asks if they record I say I have no problem this as long as it is not misconstrued in any way and to make sure that this does not happen I whip out my Dictaphone and also record for my records. The covert recording is obviously more difficult but I take the view that if I am doing a professional job then it shouldn’t be an issue.

This is briefly discussed in the following link http://www.personneltoday.com/hr/legal-qa-recording-disciplinary-and-grievance-meetings/

I was also sent the following article last week which discusses the issue from an American perspective see http://jama.jamanetwork.com/article.aspx?articleid=2204226

Karen

From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Debbie Kirkbride
Sent: 22 March 2015 11:40
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Taping of consultations

Hi
Yes l also was surprised that covert recording was allowed by client. I freelance so it depends if l work for provider or my direct contract. Providers have their own procedures..all say if employee has someone in with them at the consultation then l should do also. Problem with this is there are no other oh personnel on the sites so l am supposed to use hr. Obviously this has its own problems. For my own contract work l do not mind the employee being accompanied provided the person accompanying them does not interfere with the consultation. I have a little spiel l use for this.
Must remember if we record as professionals consent etc has to be gained.
Debbie

On 22 Mar 2015 09:51, "Allison Caine" <[log in to unmask]> wrote:

Hi Debbie, this has happened to me and also without permission.

I was surprised to discover that covert recording is admissible in court and there is case law where this has happened and was allowed by the judge as part of the defence.

OH had changed over the 30 yrs since I began my OH career and employees are becoming more litigious. Another question to ask....do you allow the employee to be accompanied during the OH assessment if they are not vulnerable or have special needs?

Kind regards,
Allison Caine

Sent from my iPhone

On 22 Mar 2015, at 06:55, Debbie Kirkbride <[log in to unmask]> wrote:

Hi
I was undertaking a telephone consult and became aware it was being taped. The employee has not advised of this. I wondered what procedure/policy anyone had in relation to this? I contacted the mdu for advice and was advised l could be taped without being advised and if the employee wished to use this recording for anything they had to seek my permission. Though this might be good discussion as l wonder how many times we are recorded and not aware
Debbie
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