Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 73
4.11. If pre-employment health screening includes drugs or alcohol tests, employers
should warn job applicants and explain the implications of a positive test. The
applicant then has the choice whether to proceed or not on an informed basis
(see FOM Drugs & Alcohol guidance 49 for further information).
4.12. Pre-employment
questionnaires
may
be submitted and
processed
electronically. Automated systems used in the process should be designed to
meet legal requirements and must not be configured to request or interpret
health information outside the permitted circumstances. All documentation
used to collect pre-employment health data should be suitably marked
confidential and stored appropriately.
4.13. The occupational health professional may require further medical evidence to
inform the fitness outcome. In those circumstances a report should be
sought, in accordance with the Access to Medical Reports Act 1988, from the
relevant health professional(s). It is rarely necessary for the entire primary health
care record to be accessed, except for certain industries (e.g. military).
4.14. The Data Protection Act 2018 makes it a criminal offence for the employer to
require the job applicant or worker to disclose their entire clinical record, other
than in exceptional cases where it is in the public interest. 50
4.15. Reports to management should focus on capability and should not include
health information without the consent of the individual concerned. The
outcome should advise if the applicant is ‘fit for the proposed employment’, ‘fit
subject to defined adjustments’ or ‘unfit for the proposed employment’. It is for
the prospective employer to determine the final outcome. Adjustments should
always be considered before recommending the applicant is medically unfit for
the role.
4.16. It is expected that the applicant will disclose medical information truthfully.
However, it must be recognised that an applicant may reply honestly but
inaccurately to such a question because they do not fully understand the
question or its implications.
4.17. If it transpired at a later stage that the applicant withheld any relevant medical
information, then the occupational health professional should re-assess the risk,
considering the passage of time. The consent of the individual should
be sought to notify the employer of the revised assessment with a clear
explanation of the reasons for this.
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