Posted By Zoe Barnett
I'm in the middle of writing guidance on supporting staff & students with medical needs and the question of privacy and human rights has reared its ugly head. At the moment it's hypothetical but I wonder what would happen if a parent (on behalf of a child) or an adult refused to allow a risk assessment of their condition to be carried out on the grounds that it infringed their right to privacy.

Any thoughts from colleagues please? You can bet that if even I don't mention it, as soon as the guidance is published some smart alec will ask so I'd like to be prepared.

Posted By Ed Carter
Zoe,
Coincidently, I'm doing a similar exercise for my workplace. I agree with what the other respondent said, in that for the most part, if treated curtesly and the reasoning explained, most parents will be happy to assist. For the odd one or two who wont, I've tended to look at the assessments for young persons, specifically at limited physical cababilities, Where this is identified as an issue, I tend to bring in our learner support staff to assist in reducing any hazards or risks.
Help this helps
Ed

Posted By David Edward Partington
Zoe you could simply accept their right to privacy.

If they will not answer questions relavant to a RA then you simply send them on their way and say that you cannot offer them a placement- employment, as it would be un safe to do so.

The individual has rights but within HS law the employer has responsibilities which they must comply with.

Posted By Philip McAleenan
Zoe,

If you are doing a general guidance on support to staff and students with medical needs, the issue of privacy and human rights does not arise as no specific individual is being assessed. There are many good sources of advice and assistance in this regard, from a wide range of disability charities to the Employers Forum on Disability. Many of these will also come in to your organisation to provide Disability Awareness training.

Try these hyperlinks:

http://www.disability.gov.uk/
http://www.employers-forum.co.uk/www/index.htm

On the other hand, if you have specific individuals in mind who have already indicated to you that they have medical condition for which they require support, then simply ask them what support they need, it is not essential in these circumstances that you have all the details of their condition, only information on what arrangements they require in order that they carry out their work operations, studies.

However, if your concern is that some staff/students are known to have medical conditions that may adversely affect the health and well-being of others, (and this applies to those with short-term conditions as well as those with long-term/permanent conditions) they have a duty to inform you and to provide you with sufficient details to allow you to make a determination as to their suitability for work.

Individuals have a right not to disclose medical conditions, but have a duty to state that they are medically and physically fit to undertake the job. This can be independently verified by fitness tests the employer may set up. But any information that an employer requires and decisions based upon it must have a direct bearing on the job, otherwise an unlawful discriminatory situation may exist

Risk assessments are concerned with analysing hazards and establishing controls to eliminate or contain them. Most people with medical conditions are not "hazards", consequently a risk assessment approach to their medical condition would be totally inappropriate. Seek only essential information from your staff & students, and explain why you need it. Generally those who require help and support are only too happy to provide details of what they need.

Regards, Philip