Nurse Case Management - Guidance Notes, Consent Information and Privacy Statement
You have been referred for an occupational health telephone assessment. Over the next couple of days, an occupational health advisor will telephone you. The purpose of this call is to conduct an independent assessment of your health in relation to your work.
Commonly asked questions
Below are some of the most commonly asked questions in relation to this service:
Why do I have to have a telephone assessment? You have been referred to the occupational health service, Medmark by your employer to undertake an independent assessment of your health in relation to your work.
Who will telephone me? You will be called by an Occupational Health Advisor, that may be an occupational physician or specialist nurse practitioner whose area of interest is work, health, ability and disability and any circumstances where work and health interfere with each other.
What is involved in a Telephone Assessment? It is likely that the Assessor has been sent a referral note by your employer asking him/her to address certain issues relating to your health and fitness for work. They will start by requesting your consent to conduct the telephone assessment. Please read the consent information below so that you are fully informed. Then, the assessment may start by discussing your role and your occupational history. The assessor may enquire about your personal and medical history and proceed to assess your current clinical condition and work absence. This information will form the basis of a report to your employer advising on the extent of any incapacity or disability and its impact on your fitness for work.
What about confidentiality of my medical history? You can tell the assessor anything you like during this assessment and you may be reassured that confidential information will not be disclosed to your employer without your consent. However, with your permission the assessor may provide limited medical information which may extend to naming your condition in circumstances where the diagnosis has already been disclosed to your employer or where some understanding of the nature of the condition may assist in managing your situation at work. The assessor is allowed to express an opinion as to whether you are fit or unfit to attend work or meetings, and to advise on any restrictions or modifications that should be placed on your work.
Will I need to attend in person for a medical assessment? In some instances, it may be necessary for the assessor to book you in for a face to face assessment.
What format will the report take? The assessor will write a report to your employer that will include relevant information about your medical condition, recommendations regarding your fitness for work and likely timescale of return to work and any adjustments/restrictions required. This will help your employer to know how to accommodate your needs in the workplace. The report may also endeavour to answer any specific questions that have been asked by your employer.
Can I have a copy of the report? Yes, in almost all circumstances you are entitled to receive a copy. Under the 2018 General Data Protection Regulations (GDPR) you will need to ask your employer (Data Controller) to provide you with a copy of your report.
Occupational Health Assessment Consent
You have been referred to Medmark Occupational Healthcare (Medmark) for an Occupational Health assessment. The use of personal sensitive information is regulated in law by all relevant data protection legislation and covered by the ethical requirements of the Medical Council of Ireland. This information assists in compliance with these regulations and requirements.
When you give your verbal consent to the occupational health advisor, you are consenting to the following:
You understand that the purpose of this medical assessment and/or examination is to enable Medmark to:
- Establish the fitness of applicants to safely carry out duties of their intended position, including a screen for underlying medical disorders so that the employer can meet their responsibilities under Health, Safety and Disability Legislation.
- Create an occupational health record to be held by Medmark and which may be referred to if the applicant is referred to Medmark at a future date Informed consent must be obtained for any examination in line with the Medical Council of Ireland guidelines.
- You have been informed of the purpose and nature of this medical assessment and/or examination and give consent for the medical assessment / examination to be carried out.
- You agree to undergo this assessment for the purpose of a report being prepared including recommendations about your fitness for work and/or any reasonable workplace accommodations you may require.
- You consent to Medmark furnishing the report and notification concerning your fitness to work to your employer / or prospective employer, and if applicable the on-site Occupational Health Department.
- Medically confidential information will not be disclosed in this report unless considered necessary and with your prior consent. You understand that in very rare circumstances information may have to be released without your consent, for example if required by law of if the safety of others may be at risk.
Medmark Privacy Statement
Types of personal data
Personal data is any information relating to an identified or identifiable natural person. The types of data which we request and which are covered by the General Data Protection Regulation (GDPR) include:
- Residential address
- Birth dates
- Medical information
- Special category personal data concerning health
Lawful bases for processing data
The lawful bases under which Medmark processes personal data include:
- Article 6(1)(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- Article 6(1)(c) processing is necessary for compliance with a legal obligation to which the controller is subject;
- Article 6(1)(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
The lawful bases under which Medmark processes special category personal data include:
- Article 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;
- Article 9(2)(b) processing is necessary for the purpose of carrying out obligations or rights of the data controller or the data subject in the field of employment law;
- Section 45 of the Bill: processing data concerning health for the purpose of an insurance policy, health insurance and/or occupational pension; and/or
- Article 9(2)(i) processing is necessary for reasons of public interest in the area of public health.
We will always process your personal data in accordance with this privacy notice and all applicable data protection laws.
Security and retention of your personal data
We have appropriate technical and organisational measures in place to protect your personal data from unlawful or unauthorised destruction, loss, change, disclosure, acquisition or access. Personal data is held securely using a range of security measures.
We will retain your personal data and medical records on an ongoing basis for as long as we have a relationship with you, and/or in order for us to:
- Comply with our legal records retention obligations;
- Inform a diagnosis of a latent condition, ensure your health and safety and protect your vital interests;
- Defend or bring legal claims; and/or
- Address complaints regarding our services.
You have certain rights under the GDPR which include the right to access, amend, update, restrict, delete or object to the use of, your personal data; and to request information about the basis on which your personal data is processed.
Access Requests for Medical Reports
Under GDPR and the Data Protection Acts, you may obtain a copy of the referral or medical report furnished to your employer following your assessment. You should put your request in writing to the individual who commissioned Medmark to prepare the report. This is normally the HR Manager in a workplace.
The employer has responsibility as the Data Controller under the terms of the Data Protection Act to release the report within 30 days of receiving a request in writing.
Further details on Subject Access Request (SARs) and the Data Protection Acts can be obtained from:
The Office of the Data Protection Commissioner, Canal House, Station Road, Portarlington, Co. Laois, Ireland www.dataprotection.ie. Similar regulations apply to public bodies under the Freedom of Information Acts 1997 and 2003.
If you would like to exercise any of your rights, please contact our Data Protection Officer (Dr Paul Gueret) at firstname.lastname@example.org. You also have the right to lodge a complaint with the Irish Office of the Data Protection Commissioner at any time.
Sharing your personal data
We only collect and use your personal data when requested to do so and, in the normal course, we only share any data we collect about you back to the referring organisation. We may share your data where required or permitted by law to do so.