News about Occupational Health

CHANGES TO SICK NOTE LEGISLATION APRIL 2010

By Barbara Dutton NMC: RCN: OHN C: DipSM: MIIRSM

www.barbara-dutton.co.uk

01279 438 385

In April 2010, a little published but far reaching piece of legislation becomes law.

What is it?

For social security medical evidence and statutory sick pay (medical evidence) amendment regulations 2010 this is a major changes in the process of certifying employees as fit/unfit to work.

WHAT DOES IT DO?

It does away with the Med 3 "sick note" which is currently completed by a GP and confirms whether all employees are unable by virtue of a health/disability problem to carry out their job safely and satisfactorily. It switches the onus on the GP to confirm that despite their medical condition, an employee is fit to do their job albeit with some changes or modifications to the working environment.

HOW DOES IT AFFECT ME?

Management will be responsible for the final decision on whether an employee is medically capable of doing their job. GP's freely admit that they do not have the time or the experience to access the employee's work environment or assess duties to determine these issues and that their opinion is purely advisory.

WHO CAN ADVISE ME?

Refer to a qualified Occupational Health Advisor for advice on the capability of an individual to perform their job considering any medical/disability issues the demands of the job, the work environment and the medical diagnosis and prognosis. All these aspects must be considered in respect of the company's Health and Safety responsibilities and the Disability Discrimination Act.

DO I NEED TO DO ANYTHING BEFORE APRIL 2010?

For a free telephone consultation on how this new legislation may impact your business and guidance on what steps to take call

Barbara Dutton on 01279 438 385