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#1 Posted : 12 July 2007 16:23:00(UTC)
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Posted By GARYS I am looking for some advice with regards to the issuing of a GP's sick/medical note. I have been of the opinion that once a GP has issued a sick note for an employee if they want to return to work they must be signed "fit" again by their GP, before they can return to work. I have been informed by our Occ Health nurse that this is not the case and if she or our company Doctor (Part Time) states in their medical opinion that the employee is fit for work they can return straight away even though the have a sign note for their GP. Could anyone shed any light as to a. That this must be their GP b. If this is something our Occ Health nurse can do or c. If as a qualified Doctor our own company Doctor can make this decision
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#2 Posted : 12 July 2007 16:28:00(UTC)
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Posted By akm I was under the opinion that any health professional could sign them back, otherwise why have an occupational health specialist who is employed to give advice on all things occupatonally related? Theeretically the individual is being signed back to work by someone who has a greater understanding of the work/ill health interaction than the GP (who will probably sign anyone off for as long as they like) - sorry to any GPs out there!
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#3 Posted : 12 July 2007 18:57:00(UTC)
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Posted By John Murgatroyd Of course, this always supposes that the GP wrote the genuine cause of illness on the note. There is no obligation to write the diagnosis on the note, and many GPs' will not note mental illness or a "private" illness. ie: any sexual health problem....and many employees would hesitate to have the actual illness on the note if it would affect their employment. The Occ health nurse is not actually the diagnosing physician, although many seem to think they know more medicine than a poor old GP. And even if you have the services of a qualified DOCTOR (as opposed to an unqualified-to-diagnose nurse), the doctor will not have access to the patients/employees full medical history. And, due to the poor level of privacy and security that practically all employers have with respect to their employees details, many employees would hesitate more than a few minutes in giving a written approval to their GP to release any such detail.
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#4 Posted : 12 July 2007 20:01:00(UTC)
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Posted By nspencer Without taking offence to previous posting and in response to GP Med 3, as I occupational health specialist (yes I was a nurse in a previous life bit now days do not adminstered medication or apply plasters) do not forget that Med 3 or 'sick notes' are only acknowlegedemnt that that person is entitled to Statutory Sick Pay. Anyone can challenge a sick note. At the end of the day who knows what the employee is telling their GP their job requirements and the average GP has only 7 minutes to assess their fitness to work. This link specifies the GP responsibilities http://www.dwp.gov.uk/me...4/ib204-june04/ib204.pdf which are specified below. Medical statements record the advice which you give to patients regarding the need to refrain from their usual occupation. Such advice is an everyday part of the management of clinical problems and you should always consider carefully whether advice to refrain from work represents the most appropriate clinical management. Doctors can often best help a patient of working age by taking action which will encourage and support work retention and rehabilitation. When providing advice to a patient about fitness for work you may wish to consider the following factors: • the nature of the patient’s medical condition and how long the condition is expected to last • the functional limitations which result from the patient’s condition, particularly in relation to the type of task they actually perform at work • any reasonable adjustments which might enable the patient to continue working. In relation to the workplace it is worth noting that under the Disability Discrimination Act 1995 an employer may be required to make adjustments for an employee with a long term disability • any appropriate clinical guidelines - for example the Royal College of General Practitioners has produced clinical guidelines on the management of acute low back pain6 • Clinical management of the condition which is in the patient’s best interest regarding work fitness As a certifying doctor you will also need to consider and manage your patient’s expectations in relation to their ability to continue working. In summary, you should always bear in mind that a patient may not be well served in the longer term by medical advice to refrain from work,
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#5 Posted : 13 July 2007 06:41:00(UTC)
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Posted By John Murgatroyd "In summary, you should always bear in mind that a patient may not be well served in the longer term by medical advice to refrain from work" Of course, the patients doctor/s may well be right. And your occ health practitioner wrong. Then another false claim for compensation may well result. Compensation culture again. The patient doctor is interested in the patient, the company medical advice in avoiding payment for time-off when not needed. An obvious clash. I'd always go with the patients doctor and what the patient feels like. Most don't want to be off work. http://www.hse.gov.uk/pubns/indg397.pdf
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#6 Posted : 13 July 2007 12:07:00(UTC)
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Posted By GARYS All Many thanks for the responses. Not sure if I'm any the wiser. I'll try and be a bit more specific if I can. We currently have a very generous company sick scheme, as part of the scheme if an employee is found to be absent due to an LTA they will be on full pay for up to 72 weeks (Depending on length of employment). I joined the company just under a year ago and was stunned by the amount of LTA's and F2508's that we had and continue to have, allot of these are slightly dubious (in my humble opinion), we are fortunate that we have occupational health resources available so I am in the middle of revising the absence management policy, what I am finding now is that when we make appointments for employees to come and see either the nurse or physio asap following the accident the first thing they do when they arrive on site is issue the nurse with a sick note for 1-2 weeks ranging from "soft tissue damage", "sore knee, leg, foot" etc. On assessment the nurse and physio (off the record) believe this person to be fit of for, therefore I have asked them to start challenging employees, the nurse then suggested that even if the GP has signed them off we can still insist they returned to work as she has found nothing wrong with them without them being signed fit again by the GP who issued the sick note. To be fair to the Nurse she is very fair with her judgement and under no circumstances would she suggest should be brought in against the advice of a GP just to keep LTA figures down, and this is not the reasoning behind the query, it is to try and manage employees are clearly exploiting our sick pay, so we don't allow a minority of employees spoil that sick pay we have in place.
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#7 Posted : 13 July 2007 12:36:00(UTC)
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Posted By Locksley McPherson Sick note does not seems to be the issue here, maybe you should start doing something to reduce accidents in the first place, hence there will be no need for F2508 etc.
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#8 Posted : 13 July 2007 13:33:00(UTC)
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Posted By GARYS Thanks for the helpful comments Locksley. Obviuolsy I wasn't clear when I stated that currently a large majority of these accidents are dubiuos (we have some very clever employees who know how to abuse our current scheme), but hey I could pretent they didn't happen and under report... I am adressing the issue, but when someone claims to have had an accident with no witnessess and goes and get's signed off by their GP it doesn't help. Yes by good accident investigations we can try to show that we believe the accident didn't happen as claimed or at all if possible, which may help when and if an EL claim comes in, but that doesn't help me try to stop employees taken 2 weeks off, when there are no obviuos signs of any injury. If I can find out whether or not our Occupational Health department are in a postion to sign employees who in their opinion are fit for work back in, then I will be in a postion to reduced LTA's and F2508's, and yes I take your point, that through good risk management if we reduce overall accident figures we would therefore have less accident to becomes reportable, but our total accident rate is reasonably low in comprison to number of employees and industry standard. I apologise if my postings sound pedantic but I was looking for helpful advice on Sick notes, not how to do my job. And I thank all of those who made every effort to help me.
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#9 Posted : 13 July 2007 15:12:00(UTC)
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Posted By John Murgatroyd You first obtain the written consent of the employee to ask the GP for details of the injury or illness. You then obtain that info, and then pass it to the occH nurse (etc) The occH nurses opinion is not really relevant since you DO NOT know what the GP based his/her decision on. Your opinion that the guy/gal is "swinging the lead" is also not relevant. You should also pay attention to the ICO guidance on obtaining and keeping records of sensitive info (especially since they just issued a report condemning employers slipshod record keeping and security of same) http://www.ico.gov.uk/up...yment_practices_code.pdf Of course, like all H&S professionals, you'll assume your opinion is paramount. No wonder claims are increasing.
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#10 Posted : 13 July 2007 16:02:00(UTC)
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Posted By Paul Duell That's a bit unfair John. I know that in the company I worked for up until three months ago, there was definitely a culture of: a) people going sick for a genuine reason, then reporting an accident when they came back to work. On investigation there was no evidence that the accident had ever happened. b)People having what most of us would consider a minor accident and taking three days. The union involved were telling people that as long as a workplace accident caused three days off work, they could claim. We know that's not the truth, but people believed the union rather than the company. It's all very well saying "report it and let the HSE decide if it's genuine", but treating accidents as more serious than they are diverts investigation and prevention resources away from the genuine serious accidents; it naffs up one important way of measuring the effectiveness of accident prevention measures and if people claim, it forces insurance premiums up as well as wasting investigators's time. I know that most accident reports are genuine: I know that most people want to work and will get back as soon as they can. But it's naive to assume there are no false claimants out there.
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#11 Posted : 14 July 2007 15:27:00(UTC)
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Posted By John Murgatroyd If a company has such a "skivers" culture, then that company needs to examine its management. It should have a policy, and stick to it, of ANY accident HAS to be reported. They only have themselves to blame.
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#12 Posted : 15 July 2007 22:08:00(UTC)
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Posted By Paul Duell I think the culture of that company is summed up by its making all its H&S people redundant. But as far as "skivers" / "management" etc - ever heard of a thing called the compensation culture? Still, as you yourself said John... Of course, like all H&S professionals, you'll assume your opinion is paramount.
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#13 Posted : 16 July 2007 09:39:00(UTC)
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Posted By Clare Gabriel I have fortuitously just been on a seminar from the EEF on managing sickness absence and this very matter was raised. Dr Sayeed Khan the EEFs chief medical officer was absolutely firm on this matter. The MED3 is a document issued by the GP, agreed - however the GP is not in the picture of the employees work. Therefore if your Occupational Health doctor (not nurse and that is also very clear)feels the employee is fit to come back to work - even with restrictions then they will advise you so. There is no 'fit' note. It was reiterated that OH nurses are not permitted to advise employees back to work - it does have to come from OH doctor. Equally and this is very interesting - if the OH Doc thinks the employee is fit for work and the employee refuses then if it is in your contract you can stop sick pay. If you have any further queries can I suggest you phone the EEF, or purchase their book on sickness absence as it is really helpful.
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#14 Posted : 16 July 2007 09:43:00(UTC)
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Posted By GARYS Clare Many thanks for your response it was extremely helpful. Thanks Again Gary
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#15 Posted : 16 July 2007 19:46:00(UTC)
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Posted By John Murgatroyd As I pointed-out before, and it was largely ignored, the employees gp may well not have put the actual illness down. The "company" doctor may well say the employee is fit for work (knowing the work) but the "company" doctor does not know the employee or the medical history (if any). As for cancelling sick pay....since most get statutory sick pay they can claim it themselves from the benefit agency, for wqhich they only need the sick note (from their gp) Yes, I have heard the phrase "compensation culture". Since most claims are refused, and those that are paid are for minor amounts (less than a few thousand), I prefer to use the phrase "justified compensation claims for industrial negligence by inconsiderate and frequently illegally operating employers" I prefer to not be drawn on my views about the EEF.....
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#16 Posted : 17 July 2007 08:11:00(UTC)
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Posted By Clare Gabriel It would appear that the last writer works in a very unusual situation, where most of his claims are justified. How lucky is he? I do not believe I have ever seen a MED3 where the nature of the illness or condition has not been listed by the GP - or otherwise why write out a MED3? One of the issues we all suffer from is GPs who sign individual off for weeks and weeks having no understanding of their work environment - it seems many just feel work is BAD, again the value of a good OH doctor who can override such a decision. Occupational Health, when you have a good provider is essential for both parties - employers and employees, and we are fortunate enough to have an excellent provider who is well received by our employees and works hard for the employer bringing back the LTAs who have been all but written off by their GPs. The feedback we have received from these people that they come back is met with relief, and often very small adjustments need to be made for a short time. Many of you will have read that for many, work is actually therapy and with a well organised programme in place employees can return to work - happily - and contribute both economically and socially - which for many is one of the most important things as the isolation they feel stuck at home is crippling. I am sure there will be some readers who feel that this is a capitalist view - but it should not be get them back at any cost (some employers)but the majority of us work in industry where without the employee we would not have a job. I cannot imagine there are many out there who do not sympathise with those who are genuinely made ill or injured at work. Having a good OH provider then ensures we look after those people and those who have illness not attributed to work - properly. Individual views on the EEF are not that interesting as they do appear to be a hugely successful and useful organisation who lobby very hard for employers rights. Equally the quality of the publications and training courses they produce also are hugely popular, which one would assume if they were not any good would not have that level of success.
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#17 Posted : 17 July 2007 11:15:00(UTC)
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Posted By Christopher I hope that your OH provider isn't based in Worcester. My understanding is that a Trust which provides an OH service to companies as part of their SLA is about to have a claim made against them for Negligence. An OH nurse is alleged to have undertaken a risk assessment for which she was not competent. The employer acted on this assessment, the distress resulting from the assessment resulted in an individual resigning from their post. Employers beware, just because your assessment is undertaken by OH, doesn't guarantee that it is competent. Always establish prior to agreeing to an OH risk assessment what the qualifications and experience are of the assessors. Who for example assesses the work of the OH Department. Many OH consultants are employed on a separate contract and employed by another organisation. It is not unusual for OH nurses to work completely independent from the Consultant.
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#18 Posted : 17 July 2007 11:51:00(UTC)
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Posted By Clare Gabriel Bizarrely I come from Worcester but our provider comes from the South East. Our OH do not 'do' risk assessments but assist if required. where is the information on this issue - is there a website link as it would be worth a read?
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#19 Posted : 17 July 2007 19:40:00(UTC)
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Posted By John Murgatroyd "It would appear that the last writer works in a very unusual situation, where most of his claims are justified. How lucky is he" Is that most of the sickness claims, or most of the compensation claims ? I have not had a "sicknote", myself, for over 15 years....and that was for double pneumonia following influenza....and the company didn't believe that either....fortunately, it was accompanied by haemoptysis and not even management could fail to notice that. If it is for compensation....read my post. "I do not believe I have ever seen a MED3 where the nature of the illness or condition has not been listed by the GP - or otherwise why write out a MED3" Excuse me. Writing "back strain" (etc) is quite common, especially if the major problem is depression or stress....being "loopy" does your employment future no good at all....most employers do not offer any sort of councelling or time-off to see a professional to sort out mental problems...they just reach for the bye-bye notes. Hence "back strain". Oh, and the "public services" are the MAJOR players in taking time off sick...to the tune of 40:1 "One of the issues we all suffer from is GPs who sign individual off for weeks and weeks having no understanding of their work environment - it seems many just feel work is BAD, again the value of a good OH doctor who can override such a decision" Any doctor who overides another without a FULL understanding of the illness, medical history and employment history should be practicing skating, not medicine. Unfortunately, the OH services and the H&S services are full of such practitioners.
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#20 Posted : 17 July 2007 20:46:00(UTC)
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Posted By Pete48 Oh John, much as I enjoy your contributions, methinks you have set out an extreme position in this one. For example, it is self evident that your final statement about diagnosis is unlikely to occur and if it does would be investigated by the GMC if a complaint was made against that medic. Now whether all OH services are as good as they should or could be is debatable. Objective of an employers OH service is to provide the employer with medical guidance on matters arising from their undertaking. Since it is the employer who ultimately decides fitness for work, there are clear occasions where they might need that advice. The GP as you quite vociferously point out is the agent of their patient and not the employer. The OH support will have specific and specialised knowledge of the workplace that is not available to the GP other than from their patient. That may or may not be accurate or in sufficient detail for the GP to accurately diagnose the best approach for the patient. So mutual working including informed consent of the employee is usually the best approach. Sadly, in this 'orrible world that we live in , many other motivations get in the way of this happening as a positive support for the injured person. However I do not see that as a reason to dismiss the process out of hand.
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