Confidentiality

Confidentiality and record keeping in Occupational Health

Personal data processed by the Occupational Health Service includes health information, which is classified as special category data under the UK GDPR.  Processing of this information requires both a lawful basis under Article 6 of the UK GDPR and a separate condition for processing special category data under Article 9 of the UK GDPR.  In this case the lawful basis relied upon for processing personal data is Article 6(2)(b) necessary for performance of a contract, and A6(2)(c) necessary for compliance with legal obligations (e.g., health and safety and employment law), and the special category condition is A9(2)(h) processing for occupational medicine.

Any reference to consent within this notice relates to the disclosure of information in accordance with professional confidentiality obligations and should not be interpreted as the legal basis for the processing of personal data held by the Occupational Health Service.

The Occupational Health Adviser (OHA, who is a nurse) and Occupational Health Physician (OHP, who is a doctor) owe you a duty of confidentiality, this means that they cannot share medical information about you with others without your consent. This is a requirement of the professional conduct codes and ethics stipulated by the Nursing and Midwifery Council (for the OHA) and the General Medical Council (for the OHP).

Clinical notes are made during the consultation that you have with the OHA or OHP. These are kept securely in the OH department, and are accessible only to the OHA, the OHP, and to carefully chosen administrative staff who assist with the running of the department. All non-health professionals sign an additional 'non-disclosure' confidentiality agreement which is binding on their employment.

Your OH records will also include forms you may have filled in e.g. questionnaires, or records of any Occupational Health assessments; Management referral reports and referral requests.

Reports to your Manager and HR

If you have been referred by either your manager or by HR, then Occupational Health will be asked to provide a report for them. The report will focus on the effects of any health problem you have on your ability to work, and the opinion on any supportive steps the University could consider as a result of this.  Occupational Health may also be asked to advise on your fitness to attend a meeting with your manager; the usual rules of confidentiality apply in these cases too.

We will discuss with you the information we intend to include in any report. The report will be completed on our software system OPAS G2. You will be sent a one time link via your chosen email address to review the report – normally within 24 hours of your appointment.

If you are happy with the contents of the report – please save a copy and then press the consent button. Once consent is approved your manager and HR will receive a link to the report.

If however there are factual inaccuracies that you would like amended – or if you wish to withdraw consent for the report to be released – DO NOT press consent. Instead email your changes or concerns into occupationalhealth@mailbox.lboro.ac.uk

A clinician will then be in contact to either amend the report, or confirm that the report has been permanently contested (which means your consent to the release of the report has been withdrawn).

You can choose whether your health report is released to your manager, if you choose not to, the Occupational Health team will not normally share the report.  However, where we have a legal or professional obligation to do so, we may provide your employer with a limited outcome of the assessment and inform you if this is necessary. 

We will retain a copy of the report as part of your confidential medical record.  Medical records may need to be retained for healthcare, legal or regulatory purposes, so the right to have this information erased may not apply.

Breaching confidentiality

Information held in the OH department will only be shared without your consent in exceptional circumstances such as -

  1. Where necessary in the public interest e.g. to protect you or someone else from the risk of significant harm
  2. Where required by law.

If it is necessary to break confidentiality for the above reasons this will be discussed with you if possible.

Access to Medical Reports Act

It may be beneficial to request additional information from your GP or specialist, in order to do this we will need your consent. This report is only to gain up to date medical information in your case, and the report will be kept by Occupational Health in confidence and not be released to your Manager or HR. Your Occupational Health clinician will interpret the report, discuss it with you and then suggest a suitable OH report to be sent to your Manager or HR (see section above re: OH reports).

Non-medical information

Information such as:

  • Confirming that you did/ didn't attend an OH consultation;
  • Royal Mail 'Track and Trace' receipts confirming delivery of appointment letters;
  • Informing managers that you declined to provide consent for an OH report
  • Are not classed as "medical in confidence" information and will be released to Management/ HR as applicable. 

Accessing your Medical Records

If you would like a copy of your Occupational Health records you will need to complete the subject access request process.