Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 76
4.28. Where an applicant for employment is a registered medical practitioner or other
regulated health professional, the duty to disclose any serious health condition
that may pose a risk to patients, colleagues, or the public rests with the
applicant under their own professional regulatory standards. The occupational
health professional has a distinct and separate responsibility. Disclosure of
confidential information without the worker’s consent may only be justified
where there is a clear and compelling public-interest reason—such as a
significant and credible risk to patient, colleague, or public safety. Occupational
health professionals should be aware that professional regulators (such as the
General Medical Council or other statutory bodies) have legal powers to request
information. Where a regulator formally requests information and cites its
statutory authority (for example, section 35 of the Medical Act 1983), the
occupational health professional is not required to obtain the worker’s consent
before responding.
Immunisation
4.29. Immunisation against vaccine preventable communicable diseases is an
important aspect of management of biological risks. Vaccines are a form of
treatment. In line with the Montgomery principle, it is for the worker
to determine what information they require to make that decision. The worker
should be offered sufficient information including the reason (e.g. protection
against the disease), content (e.g. animal content), likely efficacy, and the side
effects to enable them to make an informed decision whether to receive the
vaccine. The person administering the vaccine should offer a copy of the
vaccine’s Patient Information Leaflet which contains all the relevant details.
4.30. Vaccination may be implemented to protect others especially vulnerable
people. Whilst this can be an incentive for some workers to receive the vaccine,
the benefit to others should be balanced with the worker’s right to autonomy
should they refuse the vaccine. Whilst no UK vaccines are mandatory,
it remains a legal requirement under health and safety legislation to protect the
safety of others. Therefore, assessment of immunity against vaccine preventable
communicable diseases and non-infectiousness for certain infections can be
mandatory to ensure the employer can discharge their legal duty.
Page | 75
