Posted By John Murgatroyd
http://www.healthyworksheffield.org.uk/news7.pdfActually, you need to visit the site above.
But I'll put the section from it below, for your info.
exec strt:
Employees have a right to know what information you are seeking about them if you make a health inquiry to their GP or any other health professional. They also have a right to see any report that is written about them. This last right has been supported by case law under the Article 8 of the Human Rights Convention in a case where an Occupational Health Medical Adviser had supplied a report without first obtaining the individuals consent, "preferably in writing".
(Cornelius-v-Dr N de Tranto, 30 06 00 Case No: 98 C 38).
To avoid such challenges, and to comply with the requirements of the Act, is relatively simple when deal- ing with Occupational Health matters. The following criteria apply:
Statutory medical examination: As are required Under Health & Safety Law.
Group results can be posted without individual consent because they don't identify any individual employees.
All other medical examinations: Individual consent is required to referral and to examination or screening.
Applying to GPor others for a report: Individual consent to seek the report and the right to read the report before it is sent to the employer or the employers medical adviser.
Access to occupational health or other medical records Only with the individuals (preferably written) and informed consent.
The advice given to employers "should generally be confined to advice on ability and limitations of func- tion. Clinical details should be excluded and even when the individual himself has given clinical informa-
tion to management, the occupational health practitioner should exercise caution before confirming any of it". (Information Registrar's guidance note on Occupational Health Communications)
Where a medical research project involving employees is being conducted only the individual can give consent to personal or documentary access to information. Neither the employer nor the employee rep- resentative can act on the individuals behalf.
Disclosure of occupational health records is also controlled by the Act. Once again written informed con- sent is needed unless a subpoena for the records has been issued by the court. The only other excep- tion is where access is in the interests of public safety. Legal obligations to disclose information are list- ed below:
Reporting of notifiable diseases 1984
Notification of drug addicts 1973
Notification of acts of terrorism 1989
Reporting of injuries, diseases and dangerous occurrences at work and of work related diseases 1995
Complying with all this legislation is based in the main on the tenet:
"What would I want for me and mine, when would I say no"?
end strt:
So, you need to read the human rights convention.
Also the disability discrimination act.
You REALLY need to talk to a solicitor specialising in EMPLOYMENT LAW or get counsel to advise on similar.