Rank: Forum user 
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Hi all, Some advice please.
I am aware that an employee can refuse their employer access to their medical records, however, does anyone know of any circumstances where the employer can demand the access?
My particular situation involves a highway worker that regularly goes off for hospital appts (he has letters, so are genuine) and occasionally comes into work with a heart monitor. He doesnt drive, so thats not an issue, but without knowing whats wrong with him, we are not sure if he can safely work on the highway.
Whats everyones suggestions or experience with this?
Thanks
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Rank: Forum user
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Hi,
Have you had a meeting with him and explained your concerns? If I am concerned about an employee and speak to them about it they usually are quite forthcoming as they do not want to be put at risk either.
Does your company policy state that employees must advise you of any health condition that may affect their ability to complete their job safety?
If you have explained your concerns and he will not tell you what is wrong with him it may be a capability issue. I don't believe you demand his records however if he does not want you to see them.
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Rank: Forum user
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Thanks, his manager has tried all sorts of ways to convince him its in his best interests, but no avail. Occ Health have even offered to act as a go between, advising his manager as necessary of any special precautions he may need to take, but he wasnt happy with that either.
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Rank: Super forum user 
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Don't use a sledge hammer to crack what might be a nut!
No I don't think that you can 'demand' access to their medical records and you shouldn't need to either! Are you medically qualified to reach a judgement based on seeing this persons records?!
I suggest you have a couple of options:
1. Refer them to an OH practitioner
2. Write to their GP and What you can do is ask them to attend a medical appointment (the access to medical reports act 1988 applies to reports from someone responsible for clinical care)
Both will require consent. This way the DOCTOR (not 'you') can see the medical records and come to an informed judgement on the individuals medical capability to perform the role.
If however, the employee fails to co-operate with your reasonable requests for the above, I would suggest that you are permitted to reach your own conclusion based on what they have in front of them, even if it is very little. i.e. you could potentially suspend or dismiss.
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