Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 52
3.68. Copying all reports to workers as a routine when sending them out is in line
with the principle of ‘no surprises’ and should be encouraged as good practice.
Consent process
3.69. It is the duty of the occupational health professional to ensure that the subject
of the health assessment has been properly informed at the outset about its
purpose, its nature and its outputs, including likely consequences. The
occupational health professional should ensure that the worker has consented
to the process, including the preparation and release of an occupational health
report. Where practicable, the individual’s written consent should be obtained,
but if not (e.g. with telephone consultations), recording oral consent
contemporaneously in the occupational health record will suffice.
3.70. Consent may be withdrawn at any stage of the process, but occupational health
professionals do not need to obtain confirmation of consent at each stage or
to remind workers of their right to withdraw.
3.71. Occupational health professionals may clarify a report or give general advice to
the employer about a condition, but no further disclosure of confidential
information or new advice and opinion can be made without seeking refreshed
consent from the worker. The principles of ‘no surprise’ and informed consent
should be followed in this situation.
3.72. The occupational health report will usually be addressed to a named person, for
example the referring manager. However, the report in effect is to the employer
and not exclusively for the addressee. This is because it is the employer’s
responsibility to receive the information from occupational health for the
legitimate reason it has been provided and to consider implementing the
advice therein. The person receiving the report, therefore, can share it with
people who have a legitimate interest. It is important to reiterate to the
employer that the person receiving the report on behalf of the
employer, notwithstanding if they have or do not have a professional duty of
confidentiality, also has a duty of confidence in common law. Therefore, they
should only disclose the occupational health report or relevant excerpts of it to
others, on a ‘need to know’ basis.
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