Privacy Statement
During the course of our business activities, York Occupational Health Solutions Ltd (York OHS) will collect, store and process personal information about the employees of our customers. We may collect this information for the purpose of:
- Assessing health at the start of employment.
- Preventing ill health due to working activities or work patterns.
- Assessment of health due to an existing health condition, an absence or due to ill health or an injury.
- Assessing a health condition or impairment that may arise from or be exacerbated by factors within the workplace.
The law governing the collection of sensitive data is covered by the General Data Protection Regulation (GDPR) 2018. Specifically, for the purpose of York Occupational Health Solutions Ltd collecting data:
The lawfulness of Processing data is covered by Article 6.1.f:
‘Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child’.
Processing of Special Categories of Personal Data is covered by Articles 9.2.h:
‘Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3’.
What data is collected?
- Reason; Assessing health at the start of employment.
Preplacement / New starter health assessments and Medicals
As an employee, you may be asked to complete a new starter health questionnaire, or you may have a medical assessment. The purpose the health assessment is to establish a prospective employee’s fitness for employment within a specific job role. The purpose of the health assessment following a job offer is to also ensure that a person is not positioned into a job that is going to adversely affect their health or make an existing health problem worse.
- Reason; Preventing ill health due to working hazards or work patterns
Health Surveillance
As an employee, you may be asked to complete health surveillance questionnaires. The aim of health surveillance is to identify work-related ill health at an early stage so that action can be taken early to reduce the risk of work-related ill health and control measures to reduce and eliminate workplace health hazards.
A report is provided to the employer which provides a general statement regarding fitness for work, and may suggest recommendations, if relevant to protect health. The report is dated and is sent to your manager. A copy can also be requested for your records.
Fit for Task Medicals/ Health Screening
As an employee, you may be asked to complete health screening or Fit for Task Medical questionnaires. The purpose of these health assessments is to establish an employee’s fitness for a specific job task/role.
- Reason; Assessment of health due to an existing health condition, an absence or due to ill health or an injury.
- Assessing a health condition or impairment that may arise from or be exacerbated by factors within the workplace.
Occupational Health Reports/Management Referral
A management referral is a document which is written by management or human resources. This is called a management referral. The referral will enable the occupational health practitioner to communicate with you regarding the named health condition. During the assessment, confidential clinical notes will be taken, and a occupational health report will be generated to provide medical opinion on your health, and how your role will impact your health. Adjustments, recommendation or restriction maybe applicable to support you in your role.
At every stage in the process, your consent is required. The report will be written with your consent. The General Medical Council Guidance on confidentiality and consent is followed. The report content will be discussed with you. You are able to view the report first ( prior sight) before it is sent to your employer. The report will aim to be released within 72 hours. Consent is required if prior sight is requested. You will have 5 days to contact us. Amendments or factual errors can be requested, but the medical opinion can not be changed. You have the right to deny or with draw consent at any time.
Specialist or General Practitioner (GP) Reports
On occasions, further medical information is required from either your specialist or your GP. If additional information is required, this will be discussed with you in detail, and addition written consent will be obtained. This is requested to ensure the correct advice is being provided to protect your health.
In accordance with the Access to Medical Reports Act 1988, you have a right to view the report at your GP surgery (you have 21 days to do so), request amendments and to the release of the report.
Confidentiality
Your medical records which we maintain during your employment are confidential. Only occupational health have access to these medical records. You are able to access them at any time. If you wish to access them, please apply in writing.
Confidential information, which has been discussed with you first is shared with your manager or HR regarding your health in relation to work. This is in relation to your fitness for work or any adjustments which maybe required.
In exceptional circumstances, where there is safeguarding or significant health and safety issues we are required by law and professional codes of conduct to discloses information. This situation is incredibly rare and additional advice would be taken prior to disclosure.
How we store and retain you information
Personal information is not kept longer than necessary. Under certain legislation, such as COSHH the General Data Protection Regulation (GDPR) allows the documents to be stored indefinitely. The length of the store depends upon the type of medical assessment.
Paper documents are disposed of as confidential waste, by shredding, incinerating.
Data will be stored in agreement with your employer. This is usually for the duration of your employment plus 6 years following your exit from employment or 75 years of age. If York OHS no longer provide services to your employer data may be destroyed earlier.
Accessing your personal data
The General Data Protection Regulation (GDPR) allows you to access the information which York OHS stores about you. Access to your medical information must be made in writing to;
York Occupational Health Solutions Ltd, Haxby Road Farm, Haxby Road, New Earswick, York, YO32 4DD.
Please provide your name, date of birth, relevant ID and specify what information you require.
York OHS will comply with the request for data access within 30 days of receipt. If an extension is required, we will write to explain why an extension is required.