Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 57
Disclosure of confidential information with consent
Disclosure to employers
3.88. Regulatory standards across the GMC, NMC and HCPC emphasise that
disclosures to third parties must be limited to the minimum necessary. In
occupational health practice, employers rarely require access to clinical details
about a worker or an applicant. Occupational health professionals can usually
provide all relevant information - such as recommendations for workplace
adjustments under the Equality Act 2010 35 - without disclosing clinical
information.
3.89. If it is essential necessary to provide clinical information, the following should
be considered:
The clinical information provided should be the minimum necessary.
Provision of such information should be justifiable.
The information provided, including clinical information, is factually correct.
The consent of the worker should be clearly documented.
3.90. If the worker withholds consent, occupational health professionals may inform
the employer that consent has not been granted; this does not constitute a
breach of confidentiality.
3.91. Where third-party documentation (e.g. medical certificates, referral
letters) contains clinical information - even if the worker has discussed their
condition with their employer - the occupational health professional must not
confirm or elaborate on these details without the worker’s consent.
3.92. To prevent misunderstandings about how health information is handled,
documents forming part of the occupational health record should be clearly
marked as confidential to the occupational health service. This includes
employer issued forms requesting health information (e.g. pre-employment
health questionnaires) that are intended for occupational health assessment.
3.93. Following relevant case law, employers may gain a right of access to medical
information provided on job application forms if it is not made explicit that the
information will be treated as confidential to occupational health. Occupational
health professionals should avoid participating in systems in which medical
information is collected but is not handled in accordance with appropriate
ethical and confidentiality standards reasonably expected by workers.
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