![]() ![]() Where an employer has been provided with an employee’s personal mobile number for the purposes of communicating with him or her this would be permissible.The implementation of measures to protect health and safety in the workplace must be done in a manner that protects the sensitive personal data of employees, so the disclosure of a diagnosis should be avoided.ĭo you have any guidance on how to appropriately manage data, such as text messages from the HSE, confirming test dates or test results? In my organisation, some Line Managers have been forwarding these texts directly by employees to personal mobiles etc.As noted above, where tracing of an individual’s close contacts following diagnosis is undertaken by the public health authorities this is done in a confidential manner.A person’s medical diagnosis is their sensitive, or special category, personal data and must be treated in a sensitive and confidential manner.In relation to fulfilment of the duty of care, the guidance of the Health and Safety Authority should be consulted.Ĭan employers let other employees know the names of colleagues who have tested positive for C-19 without it being in breach of DPA?.Assessment of the ability of an individual to carry out their work, or whether workplace accommodations need to be made, can be achieved by means such as discussion with the employee or referral to an occupational health practitioner.As noted above, the purpose of a medical certificate is to indicate whether or not a person is fit to attend work, and to indicate when they might be expected to return.If an employee/doctor does not put the reasons for absence, then how can an employer fulfil duty of care, for instance if it is back pain or something that could later be used as a personal injury claim? Employers should refrain from conducting contact tracing activities on their own initiative. Contact tracing is a function of the public health authorities and is conducted in a confidential and anonymous manner.Any disclosure of by an employee of their health information must be handled in a sensitive and confidential manner, and should not be disclosed to their co-workers. ![]() This will particularly be the case in high-risk environments such as hospitals or nursing homes. It would be reasonable to ask an employee if they have tested positive for COVID-19, if it is deemed necessary to take precautionary measures to protect the safety, health and welfare of other in the workplace. ![]() The public health authorities will collect the necessary information from the person to conduct contact tracing activities.On receipt of a positive diagnosis for COVID-19, a person will be instructed to self-isolate which will include staying away from work.Depending on the nature of the work and the specific health condition or injury in question, it may be appropriate for further referral to an occupational health service.ĭo we have the right to ask employees if their illness is COVID-related, given the ongoing pandemic?.A ‘return-to-work’ meeting with a line manager following a period of illness is a useful way to facilitate discussion of any ongoing health issues, that will have an impact on workplace health and safety, and to make reasonable accommodation.This should include informing their employer of any health conditions that can affect their ability to carry out their work in a safe manner. Employees have a duty to take reasonable care to protect their own safety health and welfare, and that of others at work.It should not routinely be disclosed to third parties, including employers. The specific nature of the person’s illness is their personal health data and is processed by their doctor in a confidential manner. ![]()
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