WA Pre Employment Medical

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Glock Gal

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23 February 2022
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My question is can your employer insist on having a copy of all the medical questions in the pre employment questionnaire that the doctor has to fill out in order to conclude if you are fit for work? I have done many of these and usually on the last page is the signed statement by the doctor declaring if you are fit to work concluded from all the questions and tests. I thought that this was all that you needed to give to your employer apart from the results of the drug and alcohol test.
I don't wish for all my private details to be given to them, only the final result. I have heard mixed answers about this and in some previous jobs the employer only ask for the overall/final result. If it is so they can decide from the questionnaire answers to employ you or not ,what is the point of the doctors summary?
Thank you.
Trina
 

Rod

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Only the overall result.
 

Glock Gal

Active Member
23 February 2022
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Okay, thank you, so is there any written legislation that I can use to show them that this is the case?
 

Rod

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The answer is in different legislation, and definitions and interpretations expanded on by case law.

And in many situations the employer will not change their process because a prospective employee demands a change.

You may have a cause of action if the employer refuses your application because the detailed medical assessment is not complete.

Just do not assign away your rights and insist on only the summary be given to the employer. Medical practitioners can lose their licence to practice if they break patient confidentiality. If they put a document in front of you whereby you give up rights you do not want to give up, simply cross out and initial the parts you disagree with - and keep a copy!
 

Glock Gal

Active Member
23 February 2022
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Thanks again Rod, but it ended disastrously for me yesterday and I'm completely shattered. I was prepared to start work this coming Monday once they received the medical. I gave in and emailed them the all the pages of the medical, stating that I did not give consent for the extra details, with a polite explanation that it wasn't right and stating again to them they only needed the final result. I also said that "maybe they could reword the consent section of the form to better reflect what applicants are consenting too". No doubt they didn't like my approach. They replied with a blunt email saying the position was no longer available with no mention of my concerns for the documents they now have.
The reason I know the position is still available is my partner works there as the supervisor who requires the extra staff and there are no other applicants.(yes not ideal but very small town and it's common for several family members to work in the same place) So they dismissed me in a very cruel way to make a point.
I have not replied to their email yet, so any advice on how to word it as far as needing assurances that they permanently delete my medical info from their emails.
The day could get worse as my partner may pull the pin today for what they have done and the fact that he can't do his job properly being so short staffed and with the stress of it all . The place of work is the Local Shire Council.
 

Rod

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stating that I did not give consent for the extra details, with a polite explanation that it wasn't right and stating again to them they only needed the final result.
Sighes - you will likely be labelled as a someone who is 'difficult' with that approach and therefore someone they do not want to hire.

You may be able to claim discrimination based on medical disability - if the medical detail shows something.

Maybe obtain some legal advice before your next step.