Occupational Medicals

Updated GMC Guidelines are put into place at Occupational Medicals

UPDATED GMC GUIDELINES ARE PUT INTO PLACE AT OCCUPATIONAL MEDICALS

On 12th October 2009, the General Medical Council (GMC) updated its guidance for doctors on confidentiality. The guidance states that doctors are to discuss the contents of an employee’s occupational health report, and to offer a copy of the report to the employee, before it is sent to the employer. This has the potential to cause delays in fitness to work reports being sent to employers. Exceptions to this are if the employee has given consent for the report to be sent, prior to viewing it.

Occupational Medicals have taken the guidance onboard, and have implemented some changes that should avoid unnecessary delays in reports being issued.

Our priorities are as follows:
• To discuss the contents and opinions with the employee during the consultation. This will allow the employee to fully understand what information will be sent to the employer. It will also reassure the employee that no confidential medical information is being released.

• Give the occupational health physician the opportunity to advise the employee on the implications of withholding the report from the employer. This is conveyed by explaining that employment decisions will be made without relevant medical advice.

By not receiving a copy of the report, the employer will be prevented from acting on recommendations that may allow for modifications or readjustment needed in the workplace, which would enable the employee to remain at /return to work.

The employer will also not have the relevant information on whether a condition falls under the remit of the Disability Discrimination Act 1995, or not.

Our consent forms have been updated to fall in line with the updated GMC guidance. Employees now have 2 options when consenting to an occupational health report. These are:

1. To receive a copy of the report at the same time as the employer. This is the standard practice that Occupational Medicals is currently offering to employees.

2. To have access to the report prior to it being sent to the employer. When signing this option, the employee is also signing to say they understand that withholding the report, will enable the employer to make decisions without medical advice.

We would like to reassure our clients that the updated guidance does not allow the employee to amend or change the opinion given by the occupational health physician. Incorrect information can be amended, with prior consent from the occupational health physician.

We are committed to ensuring that the updated GMC guidance does not disrupt the continued excellent service being provided. Furthermore, please be aware that this guidance will affect all occupational health providers, who will also need to amend their procedures. This is necessary to take into account the above changes.

We will keep you informed of any further updates on this guidance from the GMC. In the meantime, if you have any concerns, please contact one of the members of our administration team, who would be happy to discuss this in more detail.

Meena Nanavati
Managing Director
3rd November 2009

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