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Re: [OCC-HEALTH] Fit Note: OH v GP policy wording That is my understanding too. When in practice my advice regarding an employee was acted on in preference to the GP’s 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 patient’s 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]">[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]">[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]">[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

valeriecornford@nhs.net <mailto:[log in to unmask]>
[log in to unmask]">[log in to unmask]



From: [log in to unmask]">[log in to unmask] [[log in to unmask]">[log in to unmask]] On Behalf Of Karen Coomer [[log in to unmask]">[log in to unmask]]
Sent: 16 January 2015 13:03
To: [log in to unmask]">[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 employer’s 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]">[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]">[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
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