Rank: Forum user
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Hi All,
We had a situation on site when a member of staff was unconscious. When we called the paramedic they needed some information on unconscious person but non knew anything about and he could not speak and there was only three people on site.
I am thinking of disclosures medical information about staff so that if anything happens in future we can respond well. Where do we stand in terms of the law?
Regards
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Rank: Forum user
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Rank: Super forum user
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Same as any other staff information.
It's confidential.
Kept secure, limited access.
And first aiders are not doctors, nurses or any other sort of diagnostician.
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Rank: Super forum user
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This not uncommon in many walks of life but is covered by several pieces of law. Firstly the disability legislation restricts the amount of information that can be shared even on medical grounds, secondly there are several pieces of employment law that need to be complied with and thirdly the data protection legislation covers when this information can be shared by those who have knowledge of it. In short it is a minefield. There is however a simple solution to this problem. Get everyone to agree that certain pieces of information is shared with specific individuals on a need to know basis who has the authority to share this information with certain others in the event the subject person is unable to tell them such as being unconscious. This is where you actually get that person permission to divulge it to authorised person such as doctor and ambulance personnel.
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Rank: Super forum user
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http://www.hse.gov.uk/co.../healthrisks/records.htm
"There is no obligation, however, for a worker to give medical details to an employer. In practice, many workers will give this information out of courtesy and to fully explain any absences from work. If they do so, they have a right to expect that the employer will not divulge the details to anyone"
(except the usual workplace gossip, AKA "first aider")
"An employer may ask an occupational health (OH) professional to speak to a worker who is ill. The duty of confidentiality that applies to a doctor or nurse also applies to an occupational health professional. This means that a worker can speak to an OH professional in the knowledge that an employer will not learn the nature of an illness.
An OH professional does, of course, report back to an employer. Such a report should give details about a worker’s ability to function. It should say whether or not a worker’s state of health will improve and when. An OH report should not have any medical details unless a worker agrees in writing"
http://www.workingrights...ues-confidentiality.html
It remains to be seen if an employee can be forced to divulge medical records to an employer, given that the state of data protection in works premises is dire...
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Rank: Forum user
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Hi Folks,
it is a minefield with data protection etc as stated above.
When I was being taken to hospital in an ambulance I had a letter for the hospital from my GP and the paramedic had to get my permission to open it in the ambulance. I thoguht this a bit straneg as had I collpased how would they know why - though they did say their actions would be the same anyway.
Also, some people refuse to have the paramedic read the letter.
Lilian
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