Constructing Better Health News Updates

Workers rights and Data Protection

05/03/2014

From its inception, the CBH leadership discussed at length the issue of workers’ rights and data protection with Trade Union representatives and the HSE to understand what can and what should not be displayed through the ‘check a card’ system.
 
The outcome of these discussions was that no one would lose work because of what CBH displayed on cards, unless, the individual was so unwell that they could no longer work in the industry. Under these circumstances, CBH would support employers and other organisations in providing such individuals with the necessary rehabilitation or to be retrained for another role. This remains the CBH position.

The CBH stance on data protection, including ‘blacklisting’ issues can be distilled in the following points:

  1. Direct employers can see all recommendations against a worker’s occupational health surveillance as required under current UK legislation.
  2. No clinical data is ever displayed at any point as it is deemed medically confidential.
  3. Indirect employers can see that the individual is in an occupational health scheme, managed by an individual's employer. However they can only see outcomes if the individual’s work-related health needs are driven by any significant health concerns raised.
  4. Safety Critical workers’ occupational health recommendations can be seen by both direct and indirect employers.  Sound decision making on this issue is safeguarded by carrying out a risk assessment to properly determine employee occupational health classification and needs.

We would like to assure our members and supporters that by working with the unions, employers and others, CBH has managed to ensure that privacy violation of workers’ work-related health records should never be an issue in our scheme, nor do we tolerate misuse of occupational health records by unscrupulous employers.

 

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