Workhealth Ltd is both Data Controller and Data Processor and as such we keep personal data, including medical data, relating to our client organisations and their employees. This is to provide appropriate advice relating to Occupational Health in compliance with data protection regulations.
1. Workhealth Ltd will collect data including:
• Employee names, addresses, date of birth and contact details
• Past and present job roles
• Health and medical information
Where the employee has been referred by management:
• Reasons for an employee being referred to us
• Limited medical history (as it relates to the referral)
• Reports from other medical professionals
• Advice offered to the employer and employee
Where the employee is included in a Health Surveillance programme:
• The specific issues requiring surveillance
• Historical surveillance measurements
• Current surveillance measurements
• Reports from other medical professionals
• Advice offered to the employer and employee
2. Workhealth Ltd will collect data from:
• Human Resources
• Managers
• Employees
• Other health professionals (e.g. GP, specialist, physio)
3. Workhealth Ltd will collect data by:
• Post
• Email
• Verbal (Either by telephone or face to face)
• Management Referral forms
• Health Questionnaires
• Health Assessment (e.g. skin or respiratory assessment)
4. Workhealth Ltd collect data for:
• The purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee.
• To ensure the health and safety of employees at work and to allow consideration of any adjustments that may be required to support their ability to work.
• Data may also be used for research, audit or statistics but will be anonymised if this is the case.
5. Workhealth Ltd will hold data:
• For as long as is necessary for proper provision of a professional Occupational Health Service.
• Management referral data may be kept for up to 6 years after the last contact/entry as recommended by the British Medical Association (BMA).
• Statutory Health Surveillance records may be retained for up to 40 years under Reg. 11 COSHH Regulations 2002 and ACOP 2103 as required by the Health and Safety Executive (HSE).
• New employee assessments will be discarded after 2 years if the offer of the job is not taken up.
6. How Your Data Will Be Stored:
• Workhealth has security systems to protect the data it holds against accidental or unauthorised loss, change
or disclosure for electronic and paper storage systems.
• Data is backed up regularly and backups are stored securely.
• Paper records are securely shredded when no longer required.
• Electronic records are destroyed in accordance with industry practice.
• Electronically sent documents are encrypted and password protected.
• Workhealth does not contract any processing to other agencies.
7. Your Rights:
• You have the right to see any information held about yourself in your Workhealth Ltd Clinical Record. The request should be made in writing and will be responded to within 4 weeks without charge.
• You can also request that an amendment is attached to it if you believe any of the information held by Workhealth Ltd is inaccurate or misleading.
• You have the right to withdraw consent at any time, for any reason. In this instance, please ensure Workhealth Ltd receives your request.
• In the case of request for erasure, retention may be lawful (e.g. if required for legal compliance).
• Workhealth Ltd is registered with the ICO in respect of its usage of personal data. The Director of Workhealth Ltd is responsible for reporting any data breaches to the ICO within 72 hours as required, if it is likely to result in a risk to people’s rights and freedom.
• In the event of a client organisation moving their Occupational Health provision away from Workhealth Ltd, Workhealth Ltd will provide the data it holds to the new Occupational Health provider only with written permission provided by the client organisation. Workhealth Ltd will also require evidence from the new provider that it is qualified to hold such data. Workhealth Ltd will then securely destroy all copies it holds of that data.
8. Lawful Basis For Processing: (from the General Data Protection Regulations)
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.
Article 9(2) – Additional condition for the processing of Special Category Data
(h) Processing is necessary for the purposes of Occupational Medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health and social care or treatment, or the management of health or social care systems and services on the basis of EU or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in in para 3 (below).
Article 9(3)**
Personal data may be processed for the purposes referred to in (2)(h) when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under EU or Member State law or rules established by national competent bodies.
* Where there is the legitimate interest of the employer e.g. for the OH Practitioner to advise on fitness to work for the efficient and safe running of its business, to comply with its legal obligations under health and safety Law and employment law in particular the Equality Act, or with respect to its legal duties for sick pay.
** Article 9(3) e.g. by a regulated health professional. This incorporates common law and GMC/NMC (Ref) duty of confidentiality into the GDPR.
This policy will be reviewed periodically to ensure that it reflects the practices of Workhealth Ltd. This version of the policy is dated 3rd January 2022.
Reference
The NMC Code of Conduct – Clause 5, Privacy and confidentiality; Clause 7, Communicate clearly; Clause 10, Clear, accurate, relevant records; Clause 14, Be open and candid including mistakes; Clause 16, Act without delay if risk to patient safety or public protection.
Lucy Wigzell RN SCPHN-OH, Director of Workhealth Ltd
07986 963531 | Email: [email protected]
Workhealth Ltd is registered in England, number 5147483
ICO Register reference ZA348222