Registration and coffee


Welcome and introduction
Dr John Ballard, Occupational Health [at Work]


The GDPR, medical reports and OH records
Nick Hanning, Anthony Gold Solicitors

  • Data protection principles and requirements – the GDPR and Data Protection Act 2018
  • Records and reports – what’s the difference?The Access to Medical Reports Act 1988 and its relevance to OH
  • Statutory health surveillance – the difference between health records and clinical records
  • How long should the information be stored?
    • Statutory health surveillance
    • GDPR requirements
    • Pre-employment health information
  • Subject access requests
  • What happens to health records…
    • …when an employer goes out of business or is bought
    by another firm?
    • …a new OH provider is appointed?

Consent and confidentiality in OH
Prof Diana Kloss, barrister

  • Consent and confidentiality
    • Common law principles
    • Update on the latest GMC, NMC and FOM guidance
    • Professional practice – role of the health regulators
    • Non-clinicians in the OH team
  •  How long is consent valid?
  •  OH response when consent is withdrawn
  • Is consent always needed?
    • Consent in statutory health surveillance
    • Breaching confidentiality – ‘in the public interest’
    • Court orders • Public health
  • Blanket consent statements – are they lawful?
  • Implications of the Glasgow Bin Lorry accident inquiry
    for ensuring fitness for work and fitness to drive



Managing difficult GDPR scenarios

Nick Hanning, Anthony Gold Solicitors
In this interactive session, a series of case studies takes
you through different scenarios from OH practice.
You will learn:

  • The importance of careful drafting of policies and
    consent forms
  • Systems and procedures you should have in place
  • How best to manage a difficult subject access request –
    and the implications

Legal and practice Q&A

Your chance to put your queries to our experts




Obtaining ‘fully informed consent’
in OH

Dr Steve Boorman, Empactis

  • When is consent ‘fully informed’?
  • Is the consent freely given?
  • Oral or written?
  • Telephone consultations
  • Consent for the referral and for the report
  • Obtaining information from other healthcare
    professionals and deciding when this is appropriate
  • Consent at pre-employment (when a job depends on a
    satisfactory health clearance)
  • Encouraging appropriate disclosure



Confidentiality and disability
Prof Diana Kloss, barrister

  • Who is protected on grounds of disability?
  • Knowledge of disability
    • Knowledge and reasonable adjustments
    • What if the employer says it doesn’t want to know?
  • Discrimination because of something arising in
    consequence of a disability
  • Managing the complex relationship between medical
    confidentiality and providing appropriate support

Final questions


Close of conference



Benefits of attending

You will gain:

  • Guidance on your legal and professional obligations to protect medical confidentiality and ensure that consent is valid
  • Practical and legal advice to ensure continued compliance with the General Data Protection Regulation and Data Protection Act 2018
  • Insight into how well your organisation currently manages some of the trickier aspects of the GDPR – via our case studies
  • An understanding of how to best manage confidential information in the context of disability at work
  • A chance to network with speakers and other delegates

This event is designed for:

  • OH professionals
  • Allied health professionals

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