Occupational Health Law. Diana Kloss

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Occupational Health Law - Diana Kloss

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Specialist Medical Qualifications Order 1995. The route to entry on to the Specialist Register of the General Medical Council (GMC) normally involves four years training in an approved post. Very senior practitioners may apply for Fellowship of the Faculty (FFOM).

      At least some medical schools now include occupational health training in the curriculum, but only for a few hours. The Faculty has developed a training course, leading to an examination, for physicians who do not need the full specialist qualification. This judges basic knowledge and competence in occupational medicine, with the award of a Diploma for successful candidates. It remains quite separate from the AFOM/MFOM which continues to be the route for those wishing to specialise in occupational medicine. It is likely that a court, in examining whether an employer had employed a competent doctor to give OH advice, would consider the Diploma to be the minimum qualification. A Diploma in Disability Assessment Medicine (DDAM) was created in 1999. The Faculty also offers a Diploma in Aviation Medicine (DAvMed).

       The duties of an OH physician

       visit the workplace and advise on the provision of safe and healthy conditions by informed scientific assessment of the physical and psychological aspects of the working environment

       promote compliance with relevant health and safety legislation

       help develop policies, practices and cultures that promote and maintain the physical, mental and social wellbeing of all workers

       assess the fitness of workers for specific tasks, ensuring a satisfactory fit between person and job, recommending suitable adjustments to enable a person to undertake the work they have been selected to perform safely and effectively, considering any health issues or disabilities they may have

       monitor the health of workers who are potentially exposed to hazards at work through health surveillance programmes

       analyse data from surveillance programmes using sound epidemiological methods to identify trends in worker health and recommend any remedial measures necessary to improve worker health

       advise employees and employers regarding work‐related health issues

       assess potential cases of occupational injuries and illness; investigating, managing and reporting individual cases appropriately and establishing if this is a single case or if there is a wider incidence

       manage immunisation programmes for workplace biological hazards and for business travellers

       work with employers to promote best practice in physical and mental health in the workplace to help prevent sick leave

       case manage workers who are on sick leave, working with other health professionals to ensure the earliest return of functional capacity and return to work

       recommend suitable alternate work in circumstances where a worker cannot perform their normal job, either temporarily or on a permanent basis because of a health problem

       determine whether employees satisfy the medical criteria for ill‐health retirement under the terms of the relevant pension fund rules

       ensure people have the necessary health information to undertake their work safely and to improve their own health

      It is important to understand that the physician has dual responsibilities to the patient and their employer. The role is therefore different to every other branch of medicine where the physician’s primary responsibility is to the patient.

      The Standards document, which is based on Good Occupational Medical Practice already discussed, refers to knowledge of the law. Occupational physicians should be able to report to managers on occupational health performance and requirements in ways which are accessible, placing it within a business framework and also providing the medico–legal context. Occupational physicians should keep abreast of changes in legislation and Codes of Practice that affect their practice (and, I would suggest, relevant case law). Research published by the Health and Safety Executive in 2004 assessed the competencies of occupational physicians from the customer’s perspective (Competencies of Occupational Physicians). Readers may be surprised to learn that at the top of the list of required competencies as rated by their customers is advising on law and ethics. Training in law was not, however, highly rated by focus group participants.

      The first recorded occupational health nurse was Philippa Flowerday who was appointed in 1878 by Colmans of Norwich. She assisted the doctor at the factory and then visited sick employees and their families in their own homes. Her work reflected the treatment‐based philosophy of the time and also the ‘doctor’s helper’ attitude to nursing staff. There has been no statutory function for nurses comparable to that of the Appointed Doctors, so that OH nursing was centred very much around the role of providing first aid in the workplace. The sympathetic nurse with time to listen and guaranteed confidentiality was also a popular source of advice for such socio–medical problems as members of the worker’s family drinking too much, overtiredness caused by stress, menopausal symptoms and so on. A survey undertaken on behalf of the Royal College of Nursing

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