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Posted By Les Welling
What do other members think about GPs signing sick notes off as "STRESS CAUSED BY WORK"? Whilst I understand fully that some stress can be caused by work, (there are, of course, many other stressor out there) I find it difficult to understand how a GP would know this without visiting the workplace and without further investigation. I suspect the GP has taken the word of the person reporting sick. I would also doubt if a GP is qualified to make that assessment. He could be called up as an "Expert" witness (as the person signing the sick note) if a case of Work Related Stress came to court and I suspect any good lawyer would have no difficulty in proving that he wasn't an expert. So whats the answer? Will someone reporting to their GP that they have work related stress have to get the opinon of a consulted before submitting a sick note? Apart from the normal 3 day reporting criteria, I understand that Work Related Stress in itself may be reportable under RIDDOR if the HSE recommend it and therefore this could be important.
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Posted By tommy_t
I would have thought that stress is a very individual thing - one persons stress is another's adrenalin rush.
I would suggest that a GP can only go on what the patient says: "I'm feeling really ill at the moment - my work colleagues been made redundant so I'm having to do two peoples jobs. I'm working till 7 o'clock most nights just to get the work done. I'm worried that if I complain I'll be made redundant next. I just can't cope with it anymore."
Would you expect the GP to come into your organisation to investigate this - would you welcome him in?
What the sick note does is say to your organisation "Oi, you may have a problem here - do something about it!!"
I would suggest that the outcome of any case of 'Work Related Stress' would hinge to a large extent on what the organisation did to prevent 'stress', and also what they did once they were alerted to the fact there might be a case of 'stress'.
Personally I'm happy for the GP to put work related stress as it tells me we may have a problem and we need to do something. As to RIDDOR, I would find it strange if it did become reportable because it isn't 'black or white', it is very 'grey'.
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Posted By Bob Youel
There is case law re this issue whereby a GP is the primary competent person - we just have to live with it and act accordingly
You can manage such a situation but it can require a lot of work for little benefit as I know
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Posted By Les Welling
Thanks Tommy-t.
However, what in fact the sick notes really tells us is that the person is saying that he has stress caused by work. The GP is not saying that! I agree that this may well alert the company to a problem, but it could also not be true. There is money to be made out there! My point about the GP coming to the workplace was made because I still cannot see how he can say it is work related. He could well put "anxiety" perhaps instead of stress? I am not getting a warm fuzzy feeling abouit this. As regards to the HSE adding work related stress to RIDDOR, I believe that this is on the cards.
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Posted By sharon Field
I have been experiencing the same problem two members of staff have given sick notes with workplace stress as the diagnosis. The only thing these workers have in common is the same GP.I have risk assessed and to be honest their departments are so stress free I'm thinking of asking for a career move just so I can work there. I have written to this GP asking how he can make this diagnosis without inside knowledge of the Staffs working conditions. I'm still waiting for his reply.
regards shaz
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Posted By tommy_t
Shaz,
Have you spoken to the two individuals to understand what is causing their 'stress'?
If you have, and you are satisfied that their concerns have been addressed and they are being given support to cope with their stress then I don't see what more can be done.
I don't think there is lots of money to be made by people claiming stress - so long as you have a system to address issues as they arise and to help people cope with stress then I don't think a person would win a stress case.
It is when people ignore claims when they arise, or where they automatically think everyone is a malingering liar that problems can occur.
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Posted By Kieran J Duignan
Les
There is confusion underlying your question 'So whats the answer?' as you have not described the problem clearly.
What a GP's standard note actually states is simply that an individual is, in his professional opinion, authorised to claim statutory sickness benefit: it does not actually state that the employee may take time off work.
The critical question that you have not asked is: who is competent to state whether an indidividual employee is fit to work withour risk of illness or injury?
In my opinion, two sets of professionals meet this requirement in the UK at present:
a. psychiatrists (i.e. members of the Royal College of Psychiatry) who are also members of the Faculty of Occupational Medicine.
b. a chartered occupational psychologist who is also a chartered safety and health practitioner and a qualified counsellor: here I declare an interest and acknowledge that I am one of this group.
If you commission a member of either of these groups, you are investing in a report which you can use as a basis for negotiation about management of the risks of occupational stress to employees and of interactions between this and other forms of stress.
In my experience of cases I've reported on (one involving a court hearing in which I was an expert witness commissioned by the employee's trade union), even doctors who are chartered members of IOSH and Associates of Fellows of the Faculty of Occupational Medicine avoid making the kind of assessment you refer to, even for their own employers; instead, they refer the employer to a member of one of the two groups I've identified above.
Looked at through professional lenses, the situation is no more difficult really than one of managing hazards arising from a hazard as serious as asbestos or legionella: where the hazards are beyond your competence, advise your directors of the need to involve the right specialise and pay for their opinion which they will have to stand by in the event of dispute.
In the real world, often a diplomat psychiatrist or psychologist can facilitate compromises that find common ground and enable everyone involved to learn, move on and deliver the value they are paid to deliver, leaving the safety professional with the satisfaction of managing to solve a tricky problem without comebacks to him/her or to his/her employer.
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Posted By Les Welling
Kieran. I asked the question not because I have experienced this, but because it may be important if and when "Work Related Stress" is reportable under RIDDOR. I just needed to know who members considered were competent to assess.
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Posted By Ian Mitchell
Hello Sharon. One important factor regarding stress is that it can be caused by not enough responsibility as well as too much. Perhaps the two individuals did not feel fully utilised? Their department may be really easy, but day in day out - no thanks! Cheers Ian M
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Posted By Kieran J Duignan
ok, Les
Your question actually states: 'if a case of Work Related Stress came to court and I suspect any good lawyer would have no difficulty in proving that he wasn't an expert'.
If you read the relevant Civil Procedure Rules under which a case of this kind were pursued by an employee, you can see how the case, as you outline it, would not be accepted by a judge, who is in a position to decide whether there is a case to be heard.
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Posted By Les Welling
Well, what I actually said was: I would also doubt if a GP is qualified to make that assessment. He could be called up as an "Expert" witness (as the person signing the sick note) if a case of Work Related Stress came to court and I suspect any good lawyer would have no difficulty in proving that he wasn't an expert. However, your point is taken. This point still worries me and I am not yet convinced that GPs should sign off peoples illnessess as "Stress - Work related".
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Posted By Zaphod
I was told by an occupational health adviser a few years ago that GPs are not supposed to be allowed to put 'stress' on sick notes - because it is not a diagnosis. Instead they should use terms such as anxiety or depression. I am not sure if this is still correct but it would be nice if anyone can clarify this point.
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Posted By John Doe
Quite right, Zaphod.
It doesn't appear that any of you have picked up on the fact that 'stress' is not an illness or disease. It's a potential cause.
For a GP to put this on a sick note is like stating 'fell over' when the patient broke his/her wrist. And that's when the GP has managed to establish the true cause.
I can't believe GPs get away with this. I'd send the note back and ask them to state what the illness actually is.
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Posted By Zaphod
Mr Doe
Thanks for confirming my understanding that stress is not an illness or disease. I wasn't sure about your analogy of falling over at first but thinking about it, it is a good one - if you break it down into three stages. The trip hazard might be the cause, the outcome is that the person falls over, this results in specific injury/diagnosis such as a broken wrist.
Moving back to stress, the HSE definition goes something like "Stress is the adverse reaction a person has to excessive pressure or other types of demands placed upon them." So workplace pressure might be the cause, stress the outcome (being unable to cope) which results in specific illnesses such as anxiety or depression.
I've heard Osteopaths complain that another favorite of GP's is putting 'diagnosis' in Latin to make it sound like a proper diagnosis. e.g. Doctor, I've got a bad back. GP puts on certificate - 'lumbago' which is Latin for 'bad back'!!
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