Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 60
An example of a ‘Release of Health Records’ form can be found on the BMA
website, which is a form prepared by the BMA and Law Society 37 and
meets appropriate consent requirements.
3.104. Individuals may not realise that health issues unrelated to the case they are
pursuing may be included in their records, and occupational health
professionals should clarify with them what they wish to disclose – all, some or
just the information relating to the issue. This qualified consent can be
overruled by a formal court order. Court or tribunal orders can be obtained to
produce occupational health records at an early stage in legal proceedings,
even though the occupational health provider is not a party to the action. A
court or tribunal order overrides the duty of confidentiality.
3.105. Individual litigants or their solicitors may authorise only partial disclosure to
other parties, refusing to allow release of relevant parts of the records,
e.g. previous audiograms in a case of hearing loss that demonstrate damage
not related to the worker’s employment at the defendant’s premises. In such
cases, the occupational health professional should advise both parties that full
relevant disclosure should be made to both sides. The solicitors should be left
to agree or to obtain a court order.
3.106. Reports commissioned by a solicitor or his client to obtain legal advice or at a
time when legal proceedings are reasonably in prospect may be protected by
legal professional privilege. They must be kept confidential and not disclosed to
other parties without the consent of the commissioning solicitor or client. It
would be usual for the solicitor to arrange for disclosure. Privileged information
cannot be made the subject of a court order to disclose. The occupational
health professional has a duty not to disclose to another party without consent
from the individual or their solicitor.
3.107. If other parties request disclosure, the commissioning solicitor and the
individual should be advised so they can take appropriate steps. It may be
better not to store such medico-legal reports in the occupational health clinical
records to prevent accidental disclosure.
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