This is an interesting one, Jo.
The employee does indeed have a duty to co-operate with their employer in
regards to health and safety issues. However, although the Access to
Medical Reports Act does not apply to reports prepared by anyone other than
doctors but using that Act to guide my thinking, the employee has every
right not to authorise a report from the physio to be released to the OHP
acting for the employer.
I have always used the following principle when seeing employees for OH
referrals. OH is not part of a policing service, I cannot force an employee
to attend for an OH referral but without an OH report the employer is not in
full possession of issues which impact on the health of that person and
therefore that may not be in the interest of the employee.
Does this help?
Anne
Anne Harriss
Course Director - OCCUPATIONAL HEALTH AND WORKPLACE HEALTH MANAGEMENT
PROGRAMMES
LONDON SOUTH BANK UNIVERSITY
On 22/06/2012 09:05, "Joanna Edwards" <[log in to unmask]> wrote:
> Morning all
> Could you please advise re the following:
> Factory employee injures shoulder pushing a trolley at work, attends A&E,
> given NSAIDs and sent on his way. Was apparently told to rest and so goes off
> sick without informing the employer of his plans. I call him at home to see
> how he is and he plans to "rest" and self certificate for the rest of the
> week. Is advised that he can access physio through the organisations health
> plan, which he then does. He has had two treatments so far but will not allow
> the physio to release a report to the OHP acting for the firm.
> As far as I am aware the employee has a duty in law to cooperate with their
> employer, and that might include submitting to a medical exam and to
> consenting to the disclosure of a medical report.
> This is what I think I know....I may be wrong however!
> I'd be very grateful for advice please!
> Many thanks
>
> Jo
>
> ********************************
> 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
|