Print

Print


That is my understanding too. When in practice my advice regarding an
employee was acted on in preference to the GPıs opinion. The GP often only
has the employees description of the circumstances in the workplace,
generally the GP is not usually OH qualified and they are acting as their
patientıs advocate. The OHA has more information and is giving an impartial
opinion to the employer.
Anne


On 16/01/2015 15:11, "Karen Coomer" <[log in to unmask]> wrote:

> Hi Val
> I have asked Diana this question before and my understanding is that there is
> no case law of an OHA but certainly her opinion was that an OHA opinion would
> supersede that of a GP/Specialist.
>  
> If you have reference of any such case law I would really appreciate you
> sharing, it would be helpful.
> Best regards
> Karen 
>  
>  
> 
> From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
> Of Cornford Valerie (CROYDON HEALTH SERVICES NHS TRUST)
> Sent: 16 January 2015 13:42
> To: [log in to unmask]
> Subject: Re: [OCC-HEALTH] Fit Note: OH v GP policy wording
>  
> 
> Hi
> 
>  
> 
> A Specialist Community Public Health Nurse (OH) OHA's assessment of an
> individuals fitness for work would supercede that of a GP and Consultant
> unless the GP/Cons has OH qualifications.
> 
>  
> 
> Im pretty sure there is case law for this, Diana Kloss would be able to quote
> for you.
> 
>  
> 
>  
> Val Cornford RGN OHNC SCPHN CMIOSH PG Cert in OH Law
> Occupational Health Manager
> Specialist Community Public Health Nurse (OH)
> Occupational Health Specialist Practitioner
>  
> [log in to unmask] <mailto:[log in to unmask]>
> [log in to unmask]
> 
>  
> 
> 
> From: [log in to unmask] [[log in to unmask]] On Behalf Of Karen
> Coomer [[log in to unmask]]
> Sent: 16 January 2015 13:03
> To: [log in to unmask]
> Subject: Re: [OCC-HEALTH] Fit Note: OH v GP policy wording
> 
> Hi Cathy
> I think there are two issues to consider;
> 1)    Advice from the DWP on this - I attach a document that has some
> reference to this issue which could help with wording ­ see P17
> 
> 2)    Legal ­ there is case law which supports the view that an OHP is likely
> to have more knowledge of the workplace than a GP or Clinical Specialist and
> therefore is in a better position to advise on rtw and adjustments and
> industry standards ­ so far it is a GP v an Occupational health physician so
> that may not be helpful if this is about an OHA opinion. However, I can send
> you references to this case law if you would find it helpful.
> 
>  
> As others have said it will be an employerıs decision at the end of the day to
> decide how they are going to manage the OH advice provided to them.
> Regards
> Karen
> 
>  
>  
>  
>  
>  
>  
> 
> From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
> Of Cathy Howells
> Sent: 16 January 2015 10:16
> To: [log in to unmask]
> Subject: [OCC-HEALTH] Fit Note: OH v GP policy wording
>  
> Hi all,
> We currently have a situation where the employer and union are at logger heads
> regarding the wording of a policy.
> The issue relates to what happens when the OH nurse recommends that someone is
> fit to return to work, but their fit note still has a period of time left.
> The employer is on the side of OH, in that they know that they have to weigh
> up the advice given and choose whose advice they will follow, and they do tend
> to go with the OH advice.
> However the unions are insisting that, if the OHA advice conflicts with the GP
> advice, then this decision should be reviewed by the OH Physician  and revised
> in conjunction with the GP/specialist for the final say.
>  
> I have been asked if I can look at how this is worded in others policies ­
> mainly those of NHS trusts.
> So if anyone is willing to share excerpts from their Employer policies on this
> issue, I would be very grateful!
>  
> Kind regards,
> Cathy
>  
> 
> Cathy Howells BSc(Hons), RSCPHN(OH), RN
> Regional Nurse Manager & National Clinical Support
>  <http://www.teamprevent.co.uk/> Cathy Howells  | Regional Nurse Manager
> Team Prevent UK | First Floor Steadings Barn, Pury Hill Business Park, Nr
> Alderton, Northants NN12 7LS
> 01327 810770 | 07975 799500
>  <http://www.teamprevent.co.uk/>     <mailto:[log in to unmask]>
> <http://www.twitter.com/TeamPreventUK>
> <https://web.nhs.net/OWA/UrlBlockedError.aspx>
> This email and any files transmitted with it may be legally privileged and are
> confidential. This email should not be disclosed to anyone other than the
> addressee nor copied in any way.
> If received in error please advise sender and delete. Opinions and conclusions
> expressed in this email are those of the sender and not of Team Prevent UK
> Ltd.
> Please note that email traffic data and also the content of emails may be
> monitored for the purposes of staff training and security.
> 
> Team Prevent UK Ltd Registered Office: First Floor Steadings Barn, Pury Hill
> Business Park, Nr Alderton, Towcester, Northamptonshire, NN12 7LS
> Registered in England No 5770728 VAT No: 883 0646 08
> ******************************** 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 message may contain confidential information. If you are not the intended
> recipient please inform the
> sender that you have received the message in error before deleting it.
> Please do not disclose, copy or distribute information in this e-mail or take
> any action in reliance on its contents:
> to do so is strictly prohibited and may be unlawful.
> 
> Thank you for your co-operation.
> 
> NHSmail is the secure email and directory service available for all NHS staff
> in England and Scotland
> NHSmail is approved for exchanging patient data and other sensitive
> information with NHSmail and GSi recipients
> NHSmail provides an email address for your career in the NHS and can be
> accessed anywhere
> 
> ******************************************************************************
> **************************************
> ******************************** 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


********************************
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