Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 49
3.58. In occupational health practice, it is unusual that a worker lacks capacity. You
must not assume an individual lacks capacity to make a decision solely because
of their age, disability, appearance, behaviour, medical condition (including
mental illness), beliefs, apparent inability to communicate, or because
they make a decision you disagree with. In general, it can be presumed that
most young people of 16 and over have the capacity to make decisions.
Relevant information about a worker who lacks the capacity to consent can
be disclosed if it is of overall benefit (in the best interests) to the worker and the
disclosure is in line with the relevant legislation. It should be noted that the
relevant legislation in Scotland is the Adults with Incapacity (Scotland) Act
2000 28.
Consent for treatment
3.59. Professional regulators have revised their standards and guidance on
confidentiality and consent to ensure alignment with data protection
legislation. Occupational health professionals must practise in accordance
with the consent and confidentiality standards of their relevant regulator.
3.60. Consent must be obtained before physically examining a worker or undertaking
investigations, including screening tests. Where such procedures are delegated
to other staff, the occupational health professional must ensure that those
undertaking the task have adequate knowledge and training and work within
guidance. Occupational health professionals are not normally delivering
treatment, but where they do, including the delivery of vaccination
programmes, appropriate consent must be obtained.
3.61. In November 2020 (updated December 2024), the GMC published new
guidance on consent to operations and treatment (following the decision of the
UK Supreme Court in Montgomery v Lanarkshire Health Board [2015]) entitled
‘Decision making and consent’ 29 . This guidance should be considered by
occupational
health
professionals
delivering
treatment
–
for
example: immunisations, prophylaxis etc.
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