Responsibilities of Acorn Occupational Health Ltd
1) To provide a competent Account Manager/ Occupational Health Nurse (“OHN”)/ Occupational Health Advisor (“OHA”)/ Occupational Health Screening Nurse (“OSN”)/ Medical Technician (“MT”)/ Occupational Health Physician (“OHP”)/ accredited Physiotherapist/ BACP accredited counsellors to deliver the services offered by Acorn Occupational Health Ltd “Acorn”.
2) To provide a designated OHN/OHA/OSN/MT to the client in the interest of continuity.
3) To provide where operationally possible, replacement personnel in the event of sickness absence or holidays
4) To provide prior notice of the holidays to be taken by the designated OHN/OHA/OSN/MT.
5) To provide where operationally possible, prior notice of the replacement personnel in the event of sickness absence or holidays where possible.
6) To provide fully maintained and calibrated medical screening equipment necessary to perform the services to which it is contracted.
7) All medical consumables, disposables and stationery necessary to perform the contracted services will be provided by Acorn. Laboratory fees and cholesterol sticks will be charged as extras (if applicable).
8) To provide appropriate Health Surveillance reports to the clients which include recommendations and advice with regard to the Health and Safety at Work Act, 1974 and other legislation such as Control of Substances Hazardous to Health (COSHH), 2002, The Control of Vibration at Work Regulations, 2005, The Control of Noise at Work Regulations, 2005 and Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), 1995.
9) Where Health Surveillance is undertaken a Health Record will be provided which includes a statement of fitness, this record must be kept for 40 years and this is the responsibility of the employer.
10) To provide anonymous management statistics where appropriate and requested.
11) To arrange management referrals by an OHN/OHA/OSN/OHP as appropriate. These will be conducted at an agreed clinic location, during a site visit or telephone consultation by an OHN/OHA/OSN/OHP at the client company’s discretion, as appropriate.
12) To arrange management referrals with other healthcare professionals such as OHPs, physiotherapists and counsellors where appropriate and when requested/actioned by the client.
13) If the mutually agreed attendance date becomes unattainable to arrange a convenient alternative.
14) To provide the employee (Data Subject) with a copy of their medical records within 30 days of receiving a written request to access their data in compliance with the General Data Protection Regulations (GDPR), (Article 15).
15) Acorn will record all telephone calls and consultations unless requested not to do so.
Responsibilities of the Client
1) To provide a private quiet, convenient and suitable location for the Acorn nurse/technician at each site with hand washing/toilet facilities.
2) To provide internet access to the Acorn nurse/technician in order to allow access to the ‘cloud’, thus ensuring the security of sensitive data.
3) To ensure that your employees who are undertaking health surveillance have completed the relevant health surveillance questionnaires prior to their appointment and be provided with the Acorn Privacy Notice.
4) To provide a locked filing cabinet in a locked room for the storage of paper medical records that are to be kept on your site, in the appropriate confidential manner acceptable under the General Data Protection Regulations (GDPR). This means that the occupational health professional alone will hold the keys to the filing cabinet. Alternative arrangements can be made to store paper medical records at Acorn with an associated cost.
5) The client company must respect the right of Acorn personnel to honour the employee’s right of confidentiality, especially in relation to any matters where right of disclosure has not been granted and in matters of a non-occupational nature.
6) The client reserves the right of ownership for all medical reports, records and results upon the expiry or termination of this agreement. In this situation, an official handover of the medical notes to an alternative medical professional would need to be arranged.
7) To provide suitable stationery which ensures that the medical records may be stored to an acceptable standard which meets the requirements of data protection covered under the General Data Protection Regulations (GDPR, Article 5, 6, 9).
8) To provide sufficient administration time for the nurse/technician to keep the medical records at an acceptable standard under the General Data Protection Regulations (GDPR, Article 5, 6, 9).
9) To provide additional administration time to sort medical records of leavers, ready for destruction by an agreed method and at the appropriate agreed length of time in accordance with (GDPR, Article 5, (e)).
10) To provide the employees (Data Subjects) with a copy of Acorns Privacy Notice which provides the employee with information on who the controller is, what data is being collected and processed, for what purpose and a justification as well as our data retention policy in accordance with General Data Protection Regulations (GDPR, Article, 6).
11) The client company is required to provide Acorn personnel with a 15-minute break in both the morning and afternoon and a 30-minute lunch break during a normal 8-hour working day.
12) To read the occupational health surveillance or management referral report and to act accordingly to any advice, instruction or recommendations.
13) To book with Acorn any further reviews and referrals as recommended within the occupational health surveillance or management referral reports.
14) The Control of Substances Hazardous to Health (COSHH), 2002 (Regulation 11.9), the Controlling Noise at Work, 2005 (Regulations 9.4) and the Hand-Arm Vibration, 2005 (Regulation 9.5) stipulate that an employer should carry out the following health surveillance.
‘Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor or other occupational health professional to be the result of exposure to a substance hazardous to health the employer of that employee shall:
a) Ensure that a suitably qualified person informs the employee accordingly and provides the employee with information and advice regarding further health surveillance.
b) Review the risk assessment
c) Review any measure taken to comply with regulations, taking into account any advice given by a relevant doctor, occupational health professional or by the Executive
d) Consider assigning the employee to alternative work where there is no risk of further exposure to that substance, taking into account any advice given by a relevant doctor or occupational health professional, and
e) Provide a review of the health of any other employee who has been similarly exposed, including a medical examination where such an examination is recommended by a relevant doctor, occupational health professional or by the Executive.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR, 1995 (Regulations 5) requires employers to report cases of certain diseases which are linked with specific work activities.
15) To reimburse any administration and travel costs to Acorn for copying and providing your employee (Data Subject) with a copy of their medical records. The employee (Data Subject) has the right (GDPR, Article 15) to access their personal data, easily and at reasonable intervals, free of charge and not later than 30 days after receipt of the written request.
16) To inform the employee (Data Subject) that Acorn records any telephone consultations.
17) Following Health Surveillance, the client will be provided with a document called a ‘Health Record’. The employer is responsible for following health surveillance covered by Control of Substances Hazardous to Health (COSHH) 2002, Control of Vibration at Work 2005 and Control of Noise at Work Regulations 2005 law for maintaining the individual Health Record. The purpose of this document is to prove what health surveillance has been undertaken for each employee (these are not to be confused with medical records).
18) A Health Needs Assessment is recommended for each client’s site, this is an assessment of health needs such as health surveillance and health screening and will provide the employer with a guide of what is required. A health needs assessment should not be confused with a risk assessment.
19) The client is responsible for training their employees with regard to workplace hazards and risk.
20) The client shall not in any way attempt to secure the services of an Acorn employee other than as an employee of Acorn. This shall be in full force and effect for six months, commencing with the date of employment termination.
21) It is Acorn’s policy that all calls are recorded for training and monitoring purposes. The client is required to inform all its employees of this fact.
Responsibilities of the Client – Specific to the Mobile Unit
1) To provide a quiet, flat area with a hard surface at each site on which to park Acorn’s mobile screening unit. The area needs to be at least the equivalent size of four car parking spaces to accommodate the mobile unit which is 28ft long. There must be an accessible electrical connection and a normal 3-pin, 240V electrical supply is required. We have ample extension cable on board the unit.
2) To inform all employees who enter Acorn’s mobile unit to switch off all mobile telephones, which can otherwise interfere with the hearing tests.
3) To inform all employees entering and leaving the unit or waiting for their test be as quiet as possible to avoid any interference with the hearing tests.
4) To inform all employees to remove their overalls and work boots before entering the mobile unit or to wear overshoes.
Joint Responsibilities
1) All intellectual property and other proprietary rights in Confidential Information are reserved by the Disclosing Party and no rights or obligations other than those expressly recited herein are granted or to be implied in these terms and conditions. In particular, no licence is hereby granted directly or indirectly to the Receiving Party under any invention, discovery, patent, copyright or other intellectual property or proprietary right now or in the future held, made, obtained or licensable by either Party. Nothing in these terms and conditions or their operation shall preclude, impair or restrict either Party from continuing to engage in its business otherwise than in breach of these terms and conditions.
Note: Under General Data Protection Regulations (GDPR), it is an offence to unlawfully access employee’s medical records.
2) General Data Protection Regulations (GDPR, Article 5 (e)) stipulates that the employee’s (Data Subject) information should not be kept for longer than necessary. An employer usually retains medical records for the duration of employment plus 6 years following termination of employment or 75 years of age. Specific law requires other occupational health records to be kept for longer. Health Surveillance records must be retained securely and confidentially according to the appropriate regulations. This can be up to 50 years from the last entry in the notes.
3) Both parties will agree to implement a system for the administration, and controlling of documents/medical records and a method of destruction of these documents when appropriate in accordance with General Data Protection Regulations (GDPR).
4) Retention of Data
Acorn will agree with the customer (the employer) a time frame for destruction. This is usually for the duration of employment plus 6 years following employment or 75 years of age. https://digital.nhs.uk/data-and-information/looking-after-information/data-security-and-information-governance/codes-of-practice-for-handling-information-in-health-and-care/records-management-code-of-practice-for-health-and-social-care-2016. (Page 71)
Specific conditions are as follows:
· Ionising Radiation Records – 30 years
· Health Records – Are the responsibility of the Employer and must be kept for 40 years
Specific storage times for clinical notes, records and questionnaires are as follows:
· Health Surveillance (COSHH, Noise, Vibration, Biological Monitoring) – 10 years maximum if paper records are stored at Acorn. 1 year maximum if Acorn stores the records and no longer provides a service for the client
· Health Screening (Fit for Task Medicals) – 10 years maximum if paper records are stored at Acorn. 1 year maximum if Acorn stores the records and no longer provides a service for the client
· Vaccination consents – 1 year
· Post job offer forms – These can be destroyed immediately if the potential employee never starts with the company through their own choice. Destroyed after 1 year if Graded A or B. Destroyed after 2 years if graded C, Destroy after 3 years if the employee was turned down due to a medical reason or Graded D.
· Management Referral – – 10 years maximum if paper records are stored at Acorn. 2 years maximum if Acorn stores the records and no longer provides a service for the client.
However, it is advised that records of significant episodes, exposures or accidents should be preserved beyond the above time periods.
A request to delete personal information will be considered and actioned. However, the request to delete information may be declined if the personal information is governed by legislation or other exceptional circumstances.
Acorn no longer provides a service
If Acorn no longer provides a service for your company, they will no longer have any responsibility for any medical records kept at your site. A transfer of these medical records can be handed over to another Occupational Health provider or medical personnel.
If Acorn no longer provides a service for your company, they will provide a CVS electronic format of your electronic medical records to your new occupational health provider or medical personnel. If there is no handover to another occupational health provider or medical personnel, we will retain your electronic data for 12 months before deleting this sensitive data.
5) It is best practice at the beginning of a contract or at intervals where significant change has occurred, to conduct a Site Health Needs Assessment and to implement any recommendations.
6) To arrange contract review meetings at an agreed frequency.
General Financial Conditions
1) Acorn will issue invoices for completed work packages for payment within 30 days of the invoice date. The preferred method of payment would be by Banks Automated Clearing System (BACS).
2) Purchase Orders must be issued to cover all work carried out by Acorn for the client company.
3) Cancellation Charges
Health Surveillance / Health Screening
Management Referrals
With regard to management referrals and related services such as but not restricted to OHP services, OHN services, GP reports, counselling and physiotherapy, in the event of a cancellation of work by the client company a 50% charge will be made by Acorn. This cancellation must be done in writing and proof of receipt must be acquired from a member of Acorn by the client company. If the work is cancelled less than two working days prior to the day when the work is due to be carried out the client company will be charged in full.
4) In the event that work is carried out after 6 pm by Acorn for a client company a premium rate of £375+vat will be charged in addition to the daily rate for nurses and technicians. The equivalent charge for the mobile unit is £475+vat. Similarly, if work is required to start before 7 am for a client company a premium rate of £375+vat will be charged in addition to the daily rate for nurses and technicians. The equivalent charge for the mobile unit is £475+vat.
5) In the event that work is carried out by Acorn for a client company and the work exceeds the normal 8-hour working day Acorn is obliged to charge the client company for the extra time worked.
6) If home visits are required by a nurse during a normal working day with the client company the client company will be liable for a charge to cover the cost of the associated travel expense incurred by Acorn personnel.
7) If a client company chooses not to store paper medical notes on their premises, Acorn will charge a fee for storage, scanning and when appropriate the destruction of paper medical records in accordance with the agreed medical record retention policy and General Data Protection Regulations (GDPR).
8) If medical notes are required to be copied and forwarded to solicitors or your employees (Data Subject), the client company will be charged £50 per person plus any incurred travel costs for time and mileage.
9) The transfer of medical records – The customer is responsible for the cost of any charges associated with the transfer of electronic and paper medical records if the customer chooses to terminate the working arrangement with Acorn Occupational Health and appoint an alternative occupational health provider or If the customer needs to transfer the medical records from a previous occupational health provider or if the transfer of medical records is required for any other reason. In such instances, Acorn will provide a detailed cost breakdown associated with the activity which the customer will pay. This activity may include the downloading and transfer of electronic records as well as the secure transportation of hard copies.
10) All quotations are provided, and all orders are accepted on the terms outlined in this contract, which shall prevail over any other terms and conditions of the client and any other representations made by any party prior to the contract.
11) Any additional administration time provided by Acorn to assist you with complying with General Data Protection Regulations (GDPR) will be charged at an agreed rate.
12) No modifications of these terms and conditions shall be effective unless made by an express written agreement between Acorn and the client.
Termination
Without prejudice to any other rights or remedies which the parties may have, either party may terminate this Agreement without liability to the other 3 months after giving notice to the other if:
the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy the breach within 30 days of that party being notified in writing of the breach; or
an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors; or
a receiver is appointed of any of the other party’s assets or undertaking, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party’s assets; or
the other party makes an arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
the other party ceases, or threatens to cease, top trade; or
the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.