Occupational Health Law. Diana Kloss
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Table of Contents
1 Cover
2 Preface to the Sixth Edition
6 Table of Statutory Instruments
7 General Introduction Law and ethics The sources of English law Judicial review of administrative action Criminal and civil law The geographical extent of the law The law of the European Union Brexit The European Convention on Human Rights and the Human Rights Act 1998 International Labour Organization Workers’ rights and data protection after Brexit
8 1 The Provision of Occupational Health Services 1.1 The development of occupational health services 1.2 The legal obligations of the employer 1.3 Who pays? 1.4 The Employment Medical Advisory Service and Appointed Doctors 1.5 The occupational health physician 1.6 The occupational health nurse 1.7 The inter‐disciplinary nature of occupational health 1.8 The relationship between the occupational health service and the general practitioner
9 2 The Legal Status and Liability of the OH Professional 2.1 Servants and independent contractors (and workers) 2.2 Liability for criminal acts 2.3 Liability for negligence 2.4 Liability to the workers 2.5 The duty of candour 2.6 Duties under the Equality Act 2010 2.7 Professional standards 2.8 Consent to medical treatment 2.9 Liability to the employer 2.10 Liability to the public 2.11 Health care workers with ablood‐borne virus 2.12 Professional indemnity 2.13 The conduct of research 2.14 Expert witnesses 2.15 The rights of occupational health professionals
10 3 Medical Records and Confidentiality 3.1 The ownership of records 3.2 How long should records be kept? 3.3 The duty of confidence 3.4 The consent of the patient 3.5 Consent at common law and under the General Data Protection Regulation 3.6 Computer records and data protection 3.7 General Data Protection Regulation 3.8 Relationship with other health professionals 3.9 Medical audit 3.10 Disclosure of information to researchers 3.11 Disclosure in the public interest 3.12 Legal obligation to disclose information 3.13 Legal obligation to reply to questions 3.14 Legal privilege 3.15 Pre‐trial disclosure in civil proceedings 3.16 Confidential information in the courts 3.17 Expert witnesses 3.18 The patient’s right to know 3.19 Information Commissioner’s Employment Practices Data Protection Code: Information about Workers’ Health (2011) 3.20 Human Rights Act and privacy 3.21 Freedom of Information Act 2000 3.22 The employer’s confidence 3.23 Official secrets 3.24 Defamation