Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 10
Explicit consent may be given orally or in writing. Explicit consent is a
clear, unambiguous and voluntary agreement to a specific action or arrangement,
given by a person who is fully aware of what they are consenting to. It is expressed
through a direct statement, such as ticking a box, signing a form, or verbally saying
"yes". Oral consent should be documented in the clinical record.
Direct discrimination - Employers and occupational health professionals should not
impose blanket exclusions or restrictions on people with a disability simply because of
the disability. This cannot be justified under the Equality Act, unless there is a specific
statutory requirement (e.g. DVLA conditions to obtain a valid driving licence).
Disability - As defined by the Equality Act 2010 - For the purposes of the Equality Act
2010, a person is considered to have a disability if they have a physical or mental
impairment that has a substantial and long-term adverse effect on their ability to carry
out normal day-to-day activities. “Substantial” means more than minor or trivial, and
“long-term” refers to an effect lasting, or expected to last, 12 months or more.
Certain progressive or automatically covered conditions (including HIV
infection, cancer and multiple sclerosis) meet the disability definition from the point of
diagnosis.
Occupational health professionals may advise on whether an employee is likely to
meet the statutory definition; however, only a court or tribunal can make a definitive
determination under the Act.
FOM – Faculty of Occupational Medicine.
GMC – General Medical Council.
HCPC – Health & Care Professions Council.
Health promotion - Supports general health and wellbeing; always voluntary and
unrelated to job-specific hazards.
Health record - An employee’s ‘health record’ is a record of health surveillance
procedures which must be created and maintained by an employer under statutory
regulations which impose a duty of health surveillance, e.g. the Control of Substances
Hazardous to Health Regulations 2002. It is separate from occupational health clinical
records. It should not include clinical details.
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