Am in public sector and recently had to attend occupational health doctor because I have a hidden disability and need to work remotely or else would have had to leave job. I was upset to discover that he has revealed details to HR without my consent , including medication I am taking (meds which are totally irrelevant to my condition). I work in a section of HR myself and know the people in HR who now know my medical details so it is very distressing. One of them is a very gossipy person so I hate that he knows this information. Surely he could have made a recommendation ( backed up by my consultant ) without putting these details on file.
Occupational health GP gave a detailed report to my HR department.
- Thread starter Bellow
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It would be most unusual for an Occupational Health doctor to issue this type of information to a HR Dept and they would have needed your written approval to do so. Also very strange that they would notify HR of your medications.
Have you actually seen the report that the doctor issued?
If what you are saying is correct, then you should challenge this preferably in writing to the doctor, and seek a written response. If you do not want to do so yourself, perhaps you could ask your consultant to check it out for you with the doctor, while explaining how upset you are.
Have you actually seen the report that the doctor issued?
If what you are saying is correct, then you should challenge this preferably in writing to the doctor, and seek a written response. If you do not want to do so yourself, perhaps you could ask your consultant to check it out for you with the doctor, while explaining how upset you are.
I believe you may have grounds to feel aggrieved, and that your consent should have been sought. This article, which quotes from The Faculty of Occupational Medicine of the RCPI and its Guidance on Ethical Practice for Occupational Health Physicians, may be of some help.
www.medicalindependent.ie
I think the first thing to do is ask (insist if necessary) to see the OHP to discuss your concerns with him. The information is out there now, but at least you will find out how this could have occurred, and maybe stop it happening again.
Medico-legal dilemmas in occupational health matters - Medical Independent
Dr Mary Davin-Power, Senior Clinical Risk Advisor at Medisec, outlines the obligations of doctors when undertaking occupational health assessment Doctors practising outside the specialty of occupational health, both GPs and consultants, will regularly receive requests from patients to complete...
www.medicalindependent.ie
I think the first thing to do is ask (insist if necessary) to see the OHP to discuss your concerns with him. The information is out there now, but at least you will find out how this could have occurred, and maybe stop it happening again.
Was this a self-referral or by a GP or line-manager?
"If self-referring, they will still require the referral to be signed by line manager/ Regional HR manager.
At the appointment the referred staff member signs a consent form noting the information will be sent to the line manager even if self-referred.
The report is usually sent out within 72 hours of the appointment.
If the employee wants to receive the report, they will need to request it from Occupational Health."
Bit in quotes from within the Health Service, bolding is mine.
If colleagues gossip about your health problems, report them to their line-manager and your union rep. That's what the book says. Personally I'd fire them on the spot. According to their unions, HSE staff have no time to keep up with the pressure of work placed on them, much less have time to gossip about others. Or use personal mobile phones at work. Unless the mobile phones I see in use around the HSE are work issued phones, then the majority of HSE staff I see walking the corridors are using their employer's time to gossip on them.
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Was referred by HR as I requested working from home andbhad support of disability officer . I've met Occ health doc a few times and I mentioned how I was concerned about a particular member of staff in HR who is known to gossip. He read out his previous report to them which listed my medication. I asked him why he had to tell them this but he said HR can have access to any information as they need to decide whether to allow me to work remotely so need details of my condition etc. I didn't think this was right but he basically told myself that I just needed to get my head around the fact that HR was entitled to know details of my issues ( which btw are extremely extremely private,only a handful of people in my private life even know them).
Even if that was the case, details of medication was entirely irrelevant and I really felt it was a breach of gdpr . The only reason he could have had for listing was to highlight that I wasn't taking a particular medication for my condition ( which is my choice as side effects were horrendous).
Even if that was the case, details of medication was entirely irrelevant and I really felt it was a breach of gdpr . The only reason he could have had for listing was to highlight that I wasn't taking a particular medication for my condition ( which is my choice as side effects were horrendous).
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The Occ health doc sounds completely off track. This is what the HSE say
Only OHS staff can access your information. OHS staff have a legal duty to keep information about you confidential.
Why your branch of the public service is any different I cannot figure out. No one except Occ health staff need to know exactly what is wrong with you, what treatment (including medication) you are undergoing etc.
Occ health normally send bland reports - patient has an ongoing condition that prevents her from sitting/standing/talking/typing - whatever and is currently being treated by her doctors. She may be able to work normally within a week/month/year and until then we recommend that (accommodation) be provided.
I would immediately raise a complaint with your manager, HR, and Occ health. It sounds to me from what you are saying it is a very serious breach.
This sounds like a high risk personal data breach that your company will need to report to the regulator within 72 hours. Your company should have a data protection contact in their data privacy policy so contact them via email on Thursday at 5 pm saying occ health released your personal medical data outside of the occ health team and this is having a considerable impact on you. You should have plenty of action by Monday at 9 am in that case.
Only OHS staff can access your information. OHS staff have a legal duty to keep information about you confidential.
Why your branch of the public service is any different I cannot figure out. No one except Occ health staff need to know exactly what is wrong with you, what treatment (including medication) you are undergoing etc.
Occ health normally send bland reports - patient has an ongoing condition that prevents her from sitting/standing/talking/typing - whatever and is currently being treated by her doctors. She may be able to work normally within a week/month/year and until then we recommend that (accommodation) be provided.
I would immediately raise a complaint with your manager, HR, and Occ health. It sounds to me from what you are saying it is a very serious breach.
This sounds like a high risk personal data breach that your company will need to report to the regulator within 72 hours. Your company should have a data protection contact in their data privacy policy so contact them via email on Thursday at 5 pm saying occ health released your personal medical data outside of the occ health team and this is having a considerable impact on you. You should have plenty of action by Monday at 9 am in that case.
niceoneted
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I haven’t read the entire thread but in response to the OP, I work in the public sector.
I recently had major surgery and needed to communicate this to our head medical officer. I asked HR in relation to what needed to be done. They explained what to do but said under no circumstances was I to inform or sent HR any information about my medical condition / type of surgery etc. That was only to go the the medical team.
I recently had major surgery and needed to communicate this to our head medical officer. I asked HR in relation to what needed to be done. They explained what to do but said under no circumstances was I to inform or sent HR any information about my medical condition / type of surgery etc. That was only to go the the medical team.
Hillwalker123
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That sounds very odd. It is my understanding that Oc Health Dr cannot disclose private medical details to anyone, including HR (unless they have your consent to do so). HR do not need to know what your medical issue is, just whether you are fit to do your job or if not, what accommodations are needed to enable you, or if you are completely unfit to do your job. There may be some circumstances where they may need to provide some details to HR. For example, if you had an infectious disease and were involved in food production or if there was a risk to other employees, but generally they would ask for your permission to do so. To be honest, it sounds like Oc Health don't know what they are talking about...
The function of the Occ Health doctor in this case to report to HR on whether your condition and circumstances support your request to work solely from home. In doing so, it’s probably reasonable that some explanation of the reasons for his recommendation are included in his report. The level of detail he should be going into is a matter for debate but reference to your other medication might be appropriate if it ultimately supports your application to work from home.
The behaviour of a gossipy person in HR is not a factor he should be expected to take into account in undertaking his work. It’s outrageous that any head of HR would allow this behaviour to persist and it’s at this level that the problem should be addressed. The gossipy person should be removed if they can’t modify their behaviour and perform with the discretion their position demands.
The behaviour of a gossipy person in HR is not a factor he should be expected to take into account in undertaking his work. It’s outrageous that any head of HR would allow this behaviour to persist and it’s at this level that the problem should be addressed. The gossipy person should be removed if they can’t modify their behaviour and perform with the discretion their position demands.
Brendan Burgess
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This seems reasonable to me.
I am sure that if I wanted to work from home, I could find a doctor to say "Brendan has a condition, which we are not going to disclose to you, but as a result, he should work from home indefinitely."
Pity the poor employers who will now have to allow everyone to work from home and who will probably be sued for having software which tracks the activity of the employee while they are working from home.
Brendan
Having worked in Personnel departments for semi state and state bodies I feel not all information has been disclosed here (and fair enough if so wished). A few thoughts have come to mind:-
1. Can you carry the full range of your duties working from home? To be able to carry the full range of duties is a definite requirement by some employers.
2. If somebody is “gossipy” it does not mean he will disclose any of your personal information to anybody. Before you report the matter ensure you have proof of disclosure.
3. Medical Staff in Occupational Health have an obligation to inform your HR if your duties are causing you ill health or danger. The problem for them is possible litigation.
4. While I am a union man I think approaching your union official might not turn in your favour.
1. Can you carry the full range of your duties working from home? To be able to carry the full range of duties is a definite requirement by some employers.
2. If somebody is “gossipy” it does not mean he will disclose any of your personal information to anybody. Before you report the matter ensure you have proof of disclosure.
3. Medical Staff in Occupational Health have an obligation to inform your HR if your duties are causing you ill health or danger. The problem for them is possible litigation.
4. While I am a union man I think approaching your union official might not turn in your favour.
thedaddyman
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There are two key points here to bear in mind
Firstly, did you consent to the sharing of your information?. You may have done so without properly understanding it and there may be some clauses buried in your employment contract covering this. Did you sign a formal letter consenting to a visit to the Occ Health provider and what did it say?
It is legitimate for the Occ Health provider to share information with your manager/Occ Health team and potentially your HR dept if there is an appropriate data sharing agreement in place and if it is relevant to the business and issue in hand. From the sounds of it, some information shared may not have been relevant and may have been shared with people who did not have a legitimate business need to see it and hence the Occ Health provider and the employer are collectively in breech of GDPR
Firstly, did you consent to the sharing of your information?. You may have done so without properly understanding it and there may be some clauses buried in your employment contract covering this. Did you sign a formal letter consenting to a visit to the Occ Health provider and what did it say?
It is legitimate for the Occ Health provider to share information with your manager/Occ Health team and potentially your HR dept if there is an appropriate data sharing agreement in place and if it is relevant to the business and issue in hand. From the sounds of it, some information shared may not have been relevant and may have been shared with people who did not have a legitimate business need to see it and hence the Occ Health provider and the employer are collectively in breech of GDPR
Annieindublin
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is there any evidence that all the HR team can access the information?
where I work we upload medical certs and AFAIK only senior staff can access them.
my gp would always issue a very carefully worded cert saying I was unable to work due to illness and specify dates. No details. But I guess it’s different when you are looking for specific accommodations. But irrelevant illnesses or meds shouldn’t be part of that report.
Like you might also be on the pill, or statins but that’s got nothing to do with the work request.
where I work we upload medical certs and AFAIK only senior staff can access them.
my gp would always issue a very carefully worded cert saying I was unable to work due to illness and specify dates. No details. But I guess it’s different when you are looking for specific accommodations. But irrelevant illnesses or meds shouldn’t be part of that report.
Like you might also be on the pill, or statins but that’s got nothing to do with the work request.
It is not reasonable really. Sure you can probably get a rogue doctor to say anything you like and send a letter to your company supporting you to wfh as a medical accommodation. Any reasonable company will ask the employee to go along to a company doctor (normally in a firm specialising in workplace health). They have an appointment with you and do their own assessment, read your letters from doctors etc. they may ask to correspond with your gp for more info, (which any reasonable employee will give) and then they write to the employer either agreeing or disagreeing with the request for WFH.
Hr will then either grant the request of their doc agreed, refuse the request if the doc disagree. Or refuse the request if it is not reasonable for the company to grant it.
The only exchange of medical info is between the docs and the employee, there is no need for the employer to get any details. There may be vague statements, like clamball has a back issue and cannot sit at a desk for 7 hours. This is permanent and will not improve.
Yeah, in the past long before WFH was common we had a case where the person's doctor provided a certificate that they needed to work remotely due to mobility issues around the same time they were posting to social media of their marathon exploits.
Leaving the spurious cases aside, employers have a legal duty of care that extends to those working from home. If someone is suffering from an illness or injury that renders them incapable of commuting, there may be implications for the employer in allowing them to work remotely. It's common for employers to insist that anyone seeking extreme accommodation is assessed by their own medics who will then share information they feel is pertinent,
thedaddyman
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Note there is no legal reason for a doctor to put down the exact cause of an illness on a sick cert and an employer cannot insist on it.
They won't be sued for having software that tracks the employee keystrokes etc, that exists in many offices also. What will happen over the next 10 years is staff suing their employer because they worked from home on a permanent/semi perm basis and their employer did not carry out an ergonomic assessment or provide the right equipment/furniture.
Annieindublin
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We were provided with an online workstation assessment module which we were all required to complete. It took maybe 20 minutes. We were also told to send the completion cert to HR. They chased anyone who didn’t, what they didn’t do, at the time, was add a requirement to request additional kit etc where needed. So if you completed the assessment and you needed a chair, light, extended keyboard whatever all you had to do was ask. But they didn’t suggest this. I got monitors and keyboard and fancy office chair all delivered to my home. And I suggested to HR that they offer this to staff. Eventually they did.
A slight delay in joining the dots
I hope the OP gets reassurance that their medical records aren’t being gossiped about.
Going to the company doc for assessment is a normal stage in looking for sick pay or additional provisions. But the exam and report should be limited to the disability or illness that is relevant. This seems to have overstepped
A slight delay in joining the dots
I hope the OP gets reassurance that their medical records aren’t being gossiped about.
Going to the company doc for assessment is a normal stage in looking for sick pay or additional provisions. But the exam and report should be limited to the disability or illness that is relevant. This seems to have overstepped
The employer can require you to go to a suitably qualified doctor that they select for a second opinion. Anyway, sure aren't all doctors above that sort of thing?
It’s important to determine if there was a breach of GDPR, as the unauthorized sharing of your medical information could be considered unlawful. The occupational health doctor should have only disclosed information necessary for making workplace adjustments, and not the details of your medication if they were irrelevant to your condition or work capacity. The fact that this information was shared with HR without your consent is concerning, especially since you work within HR and know the individuals involved, which adds to your distress.
This is what I would do if I were on your shoes.
- Data Protection Complaint: Consider filing a complaint with the Data Protection Commission regarding the unauthorized disclosure of your sensitive medical information.
- Internal Grievance: You may wish to file a formal grievance within your organization, citing the inappropriate handling of your medical information and requesting that it be removed or redacted from your HR file.
- Consult Legal Advice: Given the sensitive nature of your case, it may also be worth consulting with a solicitor who specializes in employment or data protection law to explore your options for addressing this breach.
Cheers,
Ualtar