Comprehensive, accessible, and grounded in case law, Occupational Health Law has been an established authority in the field for over thirty years, and continues to provide practical coverage of occupational health, incorporating changes in the legal framework to reflect the very latest developments.
The sixth edition of this indispensable reference work includes substantial new information on European law, the legal and ethical duties of occupational health professionals, medical records and confidentiality, data protection, compensation for work-related injury, the gig economy, the Equality Act and disability discrimination, and much more.
* Covers the provision of occupational health services, the legal liability of occupational health professionals, confidentiality, health surveillance, compensation and equal opportunity legislation
* Includes extensively revised content which aligns with current legislation and case law
* Contains new chapter summaries and highlighted key information boxes throughout
Occupational Health Law, Sixth Edition, is the definitive resource for occupational health and safety professionals, from nurses, physicians and safety officers to HR managers, policy makers, risk managers, and employment lawyers.
Autorentext
DIANA KLOSS MBE is a practising barrister and former fee paid employment judge. She was the first Chair of the UK Council for Work and Health and is now its Honorary President. She is Visiting Professor at London South Bank University, Honorary Senior Lecturer in Occupational Health Law at the University of Manchester, UK, and Honorary Lecturer at Cardiff University, UK. Diana has extensive experience in employment law and occupational health law as a barrister, employment judge, lecturer, ACAS arbitrator and mediator, and researcher. She was awarded the MBE for services to occupational health.
Klappentext
OCCUPATIONAL HEALTH LAW SIXTH EDITION
Comprehensive, accessible, and grounded in case law, Occupational Health Law has been an established authority in the field for over thirty years, and continues to provide practical coverage of occupational health, incorporating changes in the legal framework to reflect the very latest developments.
The sixth edition of this indispensable reference work includes substantial new information on European law, the legal and ethical duties of occupational health professionals, medical records and confidentiality, data protection, compensation for work-related injury, the gig economy, the Equality Act and disability discrimination, and much more.
- Covers the provision of occupational health services, the legal liability of occupational health professionals, confidentiality, health surveillance, compensation and equal opportunity legislation
- Includes extensively revised content which aligns with current legislation and case law
- Contains new chapter summaries and highlighted key information boxes throughout
Occupational Health Law, Sixth Edition, is the definitive resource for occupational health and safety professionals, from nurses, physicians and safety officers to HR managers, policy makers, risk managers, and employment lawyers.
Zusammenfassung
Comprehensive, accessible, and grounded in case law, Occupational Health Law has been an established authority in the field for over thirty years, and continues to provide practical coverage of occupational health, incorporating changes in the legal framework to reflect the very latest developments.
The sixth edition of this indispensable reference work includes substantial new information on European law, the legal and ethical duties of occupational health professionals, medical records and confidentiality, data protection, compensation for work-related injury, the gig economy, the Equality Act and disability discrimination, and much more.
- Covers the provision of occupational health services, the legal liability of occupational health professionals, confidentiality, health surveillance, compensation and equal opportunity legislation
- Includes extensively revised content which aligns with current legislation and case law
- Contains new chapter summaries and highlighted key information boxes throughout
Occupational Health Law, Sixth Edition, is the definitive resource for occupational health and safety professionals, from nurses, physicians and safety officers to HR managers, policy makers, risk managers, and employment lawyers.
Inhalt
Preface to the Sixth Edition ix
Abbreviations xi
Table of Cases xiii
Table of Statutes xxi
Table of Statutory Instruments xxiii
General Introduction 1
Law and ethics 1
The sources of English law 4
Judicial review of administrative action 5
Criminal and civil law 5
The geographical extent of the law 6
The law of the European Union 7
Brexit 12
The European Convention on Human Rights and the Human Rights Act 1998 13
International Labour Organization 17
Workers' rights and data protection after Brexit 17
1 The Provision of Occupational Health Services 19
1.1 The development of occupational health services 19
1.2 The legal obligations of the employer 30
1.3 Who pays? 31
1.4 The Employment Medical Advisory Service and Appointed Doctors 34
1.5 The occupational health physician 35
1.6 The occupational health nurse 37
1.7 The interdisciplinary nature of occupational health 39
1.8 The relationship between the occupational health service and the general practitioner 40
2 The Legal Status and Liability of the OH Professional 41
2.1 Servants and independent contractors (and workers) 42
2.2 Liability for criminal acts 43
2.3 Liability for negligence 45
2.4 Liability to the workers 49
2.5 The duty of candour 52
2.6 Duties under the Equality Act 2010 52
2.7 Professional standards 54
2.8 Consent to medical treatment 54
2.9 Liability to the employer 57
2.10 Liability to the public 57
2.11 Health care workers with a bloodborne virus 58
2.12 Professional indemnity 61
2.13 The conduct of research 61
2.14 Expert witnesses 64
2.15 The rights of occupational health professionals 65
3 Medical Records and Confidentiality 67
3.1 The ownership of records 68
3.2 How long should records be kept? 69
3.3 The duty of confidence 69
3.4 The consent of the patient 72
3.5 Consent at common law and under the General Data Protection Regulation 73
3.6 Computer records and data protection 74
3.7 General Data Protection Regulation 74
3.8 Relationship with other health professionals 83
3.9 Medical audit 84
3.10 Disclosure of information to researchers 84
3.11 Disclosure in the public interest 85
3.12 Legal obligation to disclose information 88
3.13 Legal obligation to reply to questions 91
3.14 Legal privilege 93
3.15 Pretrial disclosure in civil proceedings 94
3.16 Confidential information in the courts 95
3.17 Expert witnesses 95
3.18 The patient's right to know 97
3.19 Information Commissioner's Employment Practices Data Protection Code: Information about Workers' Health (2011) 100
3.20 Human Rights Act and privacy 102
3.21 Freedom of Information Act 2000 104
3.22 The employer's confidence 107
3.23 Official secrets 109
3.24 Defamation 109
4 Preemployment Screening and Health Surveillance 111
4.1 The purpose of 'medical assessment' 112
4.2 Preemployment health screen…