SICKNESS ABSENCE - 14.01.2010

You can’t ask the doctor questions

Not applicable. A GP’s primary duty is always to their patient - not you as an employer - and in the vast majority of cases they will side with them. But the same rule doesn’t apply to doctors working as occupational health advisors (OHA). So, they could prepare a report for you on an employee’s fitness to work and disclose it without needing to obtain their prior consent.

New rules. Unfortunately, as often happens, all good things come to an end as the General Medical Council (GMC) has produced new “Guidance for doctors: Confidentiality”. It places them under extra duties when they act as OHAs for employers, e.g. carrying out medical assessments, or when providing advice on fitness to work.

Consent. Before they can show you a report they must now: (1) be satisfied that an employee knows why it’s been requested and the consequences of disclosing it; (2) explain that relevant information can’t be withheld from you; (3) offer to show the employee the report before it is sent to you; and (4) obtain the employee’s written consent before this is done. A failure to follow this guidance will put a doctor’s GMC registration at risk. This means that you can no longer skip GPs and go straight to an OHA doctor for a medical report.

Good news. But the GMC only regulates doctors. Nurses working as OHAs aren’t covered by its rules. Whilst they can’t carry out full medical assessments, they can deal with a wide variety of other workplace issues, e.g. back problems and fitness to work reviews.

Tip. Consider if you really do need an OHA who is a doctor to provide advice on a particular issue - unless it’s for a full medical assessment, it’s unlikely. If you don’t, give them a miss and go straight to the nurse. They will probably be cheaper in the long run.

For further information on how to find an appropriate occupational health advisor, visit http://personnel.indicator.co.uk(PS 12.02.01).