Confidentiality and Consent in Occupational Health: What You Need to Know

One of the biggest concerns employees (and sometimes managers) have about Occupational Health (OH) is confidentiality. People often ask: “What will be shared? Who will see it? Will my private health details be passed on to my manager?”

These are important questions, and the good news is, confidentiality and consent sit right at the heart of occupational health practice.

1. A individual’s health information belongs to them

Any information shared with OH is treated as medical information and protected by the same ethical and legal standards as when an individual visits their GP. That means personal health details will not be passed to the employer without the explicit consent of the employee.

OH professionals focus on how health affects work, not on giving the manager a full medical history. I believe in certain circumstances it can be helpful for managers to have some health-related information to help them understand a little about the health condition in order to put the situation in context (e.g. if a manager understands that a condition can flare up unpredictably, they may have more empathy and understanding when some has to go off sick at short notice). We would never divulge any medical information without the individual’s consent though,

2. Informed consent is always required

Before any OH report is shared with an employer, the employee must give their informed consent. This means:

  • They know what the report will say.
  • They will understand who will see it.
  • They agree to it being shared with named individuals.

Employees are informed at the end of the consultation of what will be written in the report, and they are given the choice of receiving the report at the same time as it is sent to their manager, or to see the report before it’s sent, so they feel comfortable with what’s being shared, and know what they are consenting to.

There are times when individuals do not want to consent to a report being released to their company. There may be many different reasons for this. We will never release any report without consent from the employee, however, we try to understand the barrier to the employee wanting to release the report and try and work with and reassure the employee to be able to facilitate the release of the report or at least the recommendations from the report as the recommendations provide advice that would support the individual at work. For more information about how we deal with non-consent, please see my article on this topic https://ohsltd.uk/news-advice/how-do-we-deal-with-non-consent-for-oh-reports/

3. What Occupational Health reports include (and don’t include)

An OH report usually covers:

  • A summary of the health condition (with consent) and the impact on work.
  • Whether someone is fit for work.
  • Likely timescales for recovery or return.
  • What adjustments might help them stay in work or return.
  • Advice for managers on how to support the employee.

What the report does not include are personal details that are irrelevant to work. Details such as test results, diagnoses, or treatments are provided if the employee consents to share them because they’re important for context.

4. Why confidentiality matters

When employees trust the process, they’re more likely to be open and honest during their OH assessment. This honesty helps OH provide better advice and helps employers make better decisions. Without that trust, people may hold back important information, which ultimately benefits no one.

5. The employer’s role

For HR and managers, the key is to reassure employees right from the start that OH is confidential and supportive, not a way to “spy” on their health. Framing a referral as a way to help rather than to “check up” makes a big difference to how it’s received.

Confidentiality and consent are the foundation of occupational health. Employees should always feel safe knowing their personal information is handled with the highest level of care. When both sides understand this, the result is a supportive, transparent process that helps employees stay healthy and productive at work. If you have any questions or want to discuss confidentiality and consent with us, please do not hesitate to call us.

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