Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 64
Disclosure where there is a risk to the health and safety of the worker
3.117. Some workers may wish to continue working despite clear evidence that doing
so is causing them harm. They may refuse both disclosure of clinical information
and the release of a fitness for work report. While respecting autonomy is
essential, the occupational health professional must also consider other
potential risks and ethical duties.
3.118. Before agreeing that a worker may continue in such circumstances, the
occupational health professional must be satisfied that:
The worker is not being coerced into withholding health information.
The worker has the capacity to understand and process the information given,
allowing their decision to be considered fully informed.
There are no indirect risks to others, even if such risks are not apparent to the
worker.
They would be able to justify their decision before an employment tribunal or
regulatory body.
3.119. In complex or unusual cases, seeking advice from professional colleagues or
indemnity organisations is advisable. (see section 4.45)
Whistleblowing & Duty of Candour
Whistleblowing
3.120. The Public Interest Disclosure Act 1998 (implemented through the Employment
Rights Act 1996) protects workers who raise concerns about certain categories
of wrongdoing within, or in limited circumstances outside, their organisation.
Workers are protected from dismissal or detriment, and there is no upper limit
on compensation in a successful claim. Amendments in the Enterprise and
Regulatory Reform Act 2013 strengthened these provisions, and since 2018
protection has extended to applicants for NHS employment as well as existing
workers 43.
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