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#1 Posted : 29 March 2005 17:26:00(UTC)
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Posted By Tracy Wade My company out sources pre employment screening who then identify any issues which might affect their work. In some cases they advise that a workstation assessment be undertaken and although we undertake DSE assessment I have asked for further information so that the assessment can be appropriate. They refuse to give any information relating to the physical/medical/clinical problem they think might pose a higher risk due to confidentiality of medical/clinical issues. How then can I ensure the assessment is appropriate? Some conditions are not obvious or side affects, symptoms could point the assessor to something completely different. Ask the user? Good idea but they are not always aware of the potential risk or link to the condition and do not furnish the information during the assessment. Sometimes they may have mentioned an old injury/illness that they do not feel is relevant. Even if asked what they put in the questionnaire that might have made OH feel they were at higher risk they look blank. Does any one else have the same issue or resolved one similar? Any help appreciated.
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#2 Posted : 29 March 2005 19:02:00(UTC)
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Posted By John Murgatroyd It's quite simple. You either use an OHS that isn't "professional", so they will not be bound by the medical confidentiality act, or you ask the person being screened for a written and signed release for the medical records. If they refuse, you're up the creek minus a paddle. My personal observation is that the OHS should be able to tell you whether or not the person is suitable for the task/job. If they're not, find someone who is. I see no reason for you to be in receipt of a persons confidential medical records, other than from a purely voyeuristic viewpoint. Especially with the arrangements you'll have to put in place to keep and maintain their security.
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#3 Posted : 30 March 2005 11:07:00(UTC)
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Posted By Kieran J Duignan This response is based on experience working with an extremely competent former Head of Health and Safety in a large metropolitan local authority (employing 10,000), a corporate member of the IOSH and a Fellow of the Faculty of Medicine, who is now Head of Civilian Medicine with the MoD. Your question, 'How then can I ensure the assessment is appropriate?' suggests lack of shared objectives with the OH provider. Two ways to improve your situation to optimise the risk management: 1. contractually require him/her to provide a quarterly briefing to management, including you, about the range of presenting symptoms that need to be controlled, without in any way breaching confidentiality regarding any individual 2. ask each employee to complete a simple feedback questionnaire on workstation compatibility regularly and contractually require the OH provider to discuss the outcomes with you. No breach of confidentiality - but it may expose some lack of real understanding of the DSE provisions and options for managing the risks. This is a different matter.
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#4 Posted : 30 March 2005 11:11:00(UTC)
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Posted By Neil Pearson The occ health people should be perfectly willing and able to share relevant informaton with you as long as the person concerned gives their permission. I've worked with various occ health providers on this basis, and no-one has ever refused. If the person consents, there's no reason for the provider to withhold information. That's my understanding anyway.
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#5 Posted : 30 March 2005 12:16:00(UTC)
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Posted By Mark Talbot Have the Occ Health provider do the assessment, or to make specific requirements based on a site visit. Comply with those and you are doing your duty. With regards to the personal release of information, if an individual does not consent, you are still able to do your best based on your assessment, and that would be reasonable. We do not need to know the specific medical condition [unless we are competent to use the information directly] - we just need to know the needs of the user. I doubt needs comes under the same degree of confidentiality as condition.
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