I have found that if the employee or claimant has signed a consent form for his solicitor or outside body  to allow Occ Health to release his notes it is also written that they can be released to the company being sued.   However, be careful that it includes the information that allows this as you may need a separate sheet signed.

 

 

Hi

I agree and the solicitor will know this. You need consent to release and personal & sensitive data and in the case of an OH report the employee can insist on seeing it first and even then withhold consent at any time.

The only records that the employer can see without consent is health surveillance results as that is a legal requirement for the company to perform this.

Hope this helps!

Hazel

-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Victoria Henry
Sent: 26 October 2016 13:34
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Release of OH records

Hi Adel

You're absolutely right and I don't think you even need a meeting to discuss this if you've already made it clear to them the reasons why ie? Access to medical reports/Data protection/NMC CofC...they need to obtain consent from the employee for this and not try to persuade you to go against what is legally and ethically wrong. I'm sure they wouldn't be happy if health professionals were releasing confidential information about them without their written consent!?

Stick to your guns, push it back to them...good luck

Victoria Callaghan

Sent from my iPhone

> On 26 Oct 2016, at 11:19, Adel Dickinson <[log in to unmask]> wrote:
>
> Morning all
> Hoping you maybe able to share your thoughts / advice.
> Legal department (in house) are requesting copies of OH records for 2 employees. As such I have advised I need consent via the employee to do so. They are very unhappy with this as they have a deadline of 7 days to get all the info, and to them it appears I am blocking.
> We do have a protocol which explains reasons why consent is needed.
> The OH report also states that the report can be viewed by others not originally stated on the referrals in such cases etc....
> However, obtaining the reports in this manner may be from the original HR officer, not OH.
> Once the OHA releases to those initially agreed, then releasing to anyone else after that point I require consent.
>
> Does / has anyone else had similar? How did you overcome this? Am I right in what am saying above?
> As such a meeting has now been arranged with the company solicitor, HR and myself to discuss, I would like to ensure I have all the facts to hand.
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