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Posted By Rhys Ritchie
Could someone tell me under what circumstances can an organisations senior management team have access to OH records? If they obtain written consent from the staff members is this enough or is there a some legal loophole that still disallows access? Also if they are conducting an investigation into misconduct by a member of staff and they feel that other members of staff may have been involved in the same activity, is that sufficient grounds for wanting to see OH records? Finally if they do manage to see the OH records of the staff and they find some revelation in them, what can they do with the information?
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Posted By Jonathan Sandler
You have raised a number of points, bascily the information contained within the records is confidentional and can not be used, days off ill can be used.
The employee is covered under data protection, advice would be to seek either union or legal rep a s a p.
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Posted By Dee
Emailed you direct.
Regards,
Dee
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Posted By A. Fergusson
On the same note we are now getting requests for these records from Union Reps and again I feel uneasy with this. Any thoughts?
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Posted By Doug Russell
Lets be quite clear, managers, no matter how senior, are not entitled to copies of an individual's occ health record. Under data protection laws they must be treated as confidential. The information that managers may be entitled to is spelled out very clearly in part 4 of the Information Commissioners code of practice on employment http://www.ico.gov.uk/do...oads/ICO_EmpPracCode.pdf
Occ health professionals have an ethics code that also protects the confidentiality of individual's records.
I can't understand why union reps should be asking for copies of individual health records but again the only way they can have them is with the fully-informed consent of the individual concerned.
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Posted By John Murgatroyd
I think you'll find that most employers have the attitude that since they've paid for the health reports, they're entitled to do what they like with them. Many even sell the info.
Yes, the person concerned has the legal right to have the info kept confidential, but putting your faith in the ICO is one way of wasting time. Toothless and useless are words that spring to mind.
The union safety rep has a right to info about accidents as long as it is anonymised (no names), but the health records they don't have a right to without the WRITTEN and SIGNED consent of the person/s.
You can easily get around the legal problems by just making the manager the authorised person who looks after the records.....as I said, most employers have no policy on employees records other than they do what they want.
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