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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Requesting Medical Reports for Staff Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} effectively manages the process of requesting medical reports for staff in compliance with the Regulation and Inspection of Social Care (Wales) Act 2016, the Data Protection Act 2018, the Equality Act 2010, and CIW regulations. This policy aims to protect the privacy and rights of staff while ensuring the safety and well-being of service users through appropriate occupational health assessments.

2. Scope

This policy applies to all staff, including full-time, part-time, agency, and voluntary personnel employed at {{org_field_name}}. It covers instances where medical reports are required, including:

• Pre-employment health screening.
• Fitness-to-work assessments.
• Occupational health referrals due to illness, injury, or disability.
• Return-to-work evaluations.
• Reasonable adjustments under the Equality Act 2010.

3. Legal and Regulatory Compliance

This policy aligns with:

• The Regulation and Inspection of Social Care (Wales) Act 2016, ensuring staff fitness for work.
• The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, mandating appropriate checks and records for staff health and well-being.
• The Data Protection Act 2018, ensuring staff medical data is handled securely and lawfully.
• The Equality Act 2010, ensuring that no staff member is unfairly discriminated against based on medical conditions or disabilities.

4. Process for Requesting Medical Reports

4.1 Pre-Employment Medical Reports

All prospective employees must complete a pre-employment health questionnaire as part of the recruitment process. This form is reviewed by the Occupational Health Provider (or a designated healthcare professional). Where necessary, further medical information may be requested with the applicant’s explicit written consent. No offer of employment will be confirmed until the health clearance process is satisfactorily completed.

4.2 Fitness-to-Work Assessments

• If a staff member’s health condition is affecting their ability to perform their role, a referral to Occupational Health may be required.
• The employee will be informed in writing about the referral, the purpose of obtaining a medical report, and their rights under the Access to Medical Reports Act 1988.
• Written consent must be obtained before requesting any medical report.
• The medical report will be used solely for determining the individual’s fitness to work and for making reasonable adjustments if necessary.

4.3 Occupational Health Referrals

• Staff may be referred to Occupational Health if they have experienced:
  • Long-term sickness absence (over four weeks).
  • Repeated short-term absences impacting performance.
  • A health condition requiring workplace adjustments.
  • Concerns raised about their ability to perform their role safely.
• The referral will detail the concerns and the job requirements, and it will include a request for recommendations on workplace adjustments.

4.4 Return-to-Work Evaluations

• Before returning from an extended period of sickness absence, staff may be required to undergo a return-to-work medical assessment.
• The assessment will determine whether the employee is fit to return and if any reasonable adjustments (e.g., phased return, altered duties) are required.

5. Employee Rights and Consent

• Staff have the right to refuse consent for a medical report request, but refusal may affect decisions on their fitness to work or required adjustments.
• Staff have the right to:
  • See a copy of the medical report before it is sent to {{org_field_name}}.
  • Request corrections to inaccurate or misleading information.
  • Withhold consent for the report to be shared after reviewing it.
• If an employee refuses to provide medical information, decisions will be based on the available evidence and occupational health advice.

6. Confidentiality and Data Protection

• Medical reports and related correspondence will be stored securely in compliance with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.
• Access to medical information is strictly limited to authorised personnel, including HR, Occupational Health, and the Registered Manager.
• Information will only be retained for as long as necessary and will be securely disposed of when no longer required.

7. Reasonable Adjustments and Support

• {{org_field_name}} is committed to making reasonable adjustments to support employees with medical conditions or disabilities. Adjustments may include:
  • Modifying work duties or hours.
  • Providing ergonomic equipment.
  • Allowing flexible working arrangements.
• If a staff member is deemed unfit for work with no reasonable adjustments available, an alternative role may be explored.

8. Managing Non-Compliance

• If a staff member fails to cooperate with the medical assessment process, a formal capability process may be initiated.
• If an employee provides false or misleading medical information, disciplinary action may be taken in line with the Staff Conduct and Code of Ethics Policy (CHW28).

9. Related Policies

This policy should be read in conjunction with:

• Recruitment, Selection, and Retention Policy (CHW26)
• Staff Supervision, Training, and Development Policy (CHW27)
• Staff Conduct and Code of Ethics Policy (CHW28)
• Health and Safety at Work Policy (CHW16)
• Equality, Diversity, and Inclusion Policy (CHW30)
• Confidentiality and Data Protection Policy (CHW34)

10. Policy Review

This policy will be reviewed annually or sooner if legislative changes or organisational needs require it. Updates will be communicated to all staff, and relevant training will be provided where necessary.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.