Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 53
3.73. It is equally important that the occupational health professional explains this
principle clearly to the worker to ensure their consent to release the report to
the employer is informed. This follows that there is no need for occupational
health or the employer to obtain consent from the worker every time the report
is being shared by the employer with people with legitimate interest on a needto-know basis.
Where the worker asks to see the report before it is sent
3.74. Many workers will not wish to see an advance copy of a report, but it is
important to seek to understand the nature of any concerns that they may have
if they do. These may often relate to perceptions of the employer’s actions in
response to the advice given rather than the report itself. Signposting the
worker to sources of advice (e.g. trade union, Citizens Advice etc) may therefore
be helpful.
3.75. Where the worker seeks an advance copy of the occupational health report, the
occupational health professional will be responsible for ensuring the worker’s
consent before disclosing the report to the commissioning body. Simple
procedures should be put in place to provide an advance copy of a report when
such access is requested. A reasonable period should be allowed for the worker
to review the report. Determining what constitutes a ‘reasonable’ period will
depend on several factors, including the need for any disability related
adjustments and the method used to convey the information.
The worker should be provided with information on how to contact
occupational health if they wish to comment, request correction of factual
errors, or withdraw consent.
3.76. Where the worker highlights factual errors in the report, the occupational health
professional should review the impact (if any) of these errors on the opinion
provided, but it should be made clear to the worker and commissioning body
that professional opinion is not likely to be altered as a result of lobbying.
Workers should also be advised that, in some cases, such as where there is a
legal requirement or a public interest justification, disclosure may be made
without their consent.
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