Business and Health Consultancy

Good Health is Good Business


TERMS and CONDITIONS of WEBSITE USE

Welcome to the Business and Health Consultancy website. By using the site you accept the following terms of service.

Conditions of use

By using the site you acknowledge that all content is property of Business and Health Consultancy.

The material may not be distributed commercially except by Business and Health Consultancy. The material is for the website user only.

Material may not be copied or modified without express written consent from Business and Health Consultancy.

You are responsible for the content of the material you submit or download.

Information you submit must not be abusive, intimidating or otherwise unlawful. No inappropriate language must be used. We take our responsibilities to our staff very serious and reserve the right to take legal action in case of a violation.

The e-mail must not be used for unsolicited marketing, junk mail, chain letters, spam, viruses, worms, defects and other items containing destructive or contaminating parts or other content it is not intended to be used for.

Business and Health Consultancy deserves the right to make changes to this site any time without notice.

Disclaimer

We take every reasonable attempt to ensure that the content of the site is accurate and up to date. However we cannot guarantee its accuracy. We do not take liability for any losses or damage that might be suffered as a result of using this information.

We can not accept responsibility for any damage or disruption to your data or computer system which may occur whilst using this site.

Links

Business and Health Consultancy does not take responsibility for the content of sites linked to. These websites operate under their own responsibility. Business and Health Consultancy cannot be held liable for such sites.

Indemnity

You agree not to hold Business and Health Consultancy responsible for other sites use.

Privacy statement

Business and Health Consultancy does not capture or store personal information about you, when accessing the site.

E-mail links are installed so you are aware when sending a message.

Your e-mails are used to handle your request.

No information about you will be given to third parties unless explicitly stated.

We do not use cookies.

We do use tracking software to monitor browsing activity on the site. We use this information to improve the site further and enhance your browsing experience.

Your data will be used in accordance with the data protection law in the UK.

Confidentiality

Data you submit in the questionnaires via this site will be kept in the strictest confidence. This includes all business information not publicly available. This will under no circumstances be shared with third parties. All medical information will be treated in accordance with prevailing legislation and guidelines in the UK, e.g. by GMC, NMC. Medical information will only be disclosed to a third party with informed written consent by the patient concerned.

All staff employed or contracted are required to observe the highest standards of confidentiality.

We may use anonymised data collected here for research purposes, to improve our services. We will take every possible step to ensure that no personal data will be recognisable.

Unused data will be destroyed.

Website Enquiries

Website enquiries are only related to occupational health and safety. We will endeavour to provide direction on where to find relevant definitive advice or information outside of our field, but cannot endorse this or be held responsible for inaccuracies.

The submitting person agrees not to submit abusive, offensive or in otherwise unsuitable material. Attachments are not possible to be submitted, however attachments may form part of the response.

In the rare circumstances of not being able to help with your enquiry we will refund your payment less a handling charge of £3.

The website enquiry service is meant to provide rapid answers to simple questions or requests for information, which can be dealt with by our experts in less than 10 minutes. We reserve the right to determine what constitutes a small enquiry for the purposes of this service. Complex enquiries will receive a response in outline and an explanation of why they are complex. In these cases, if further work is undertaken to deal with the enquiry in its entirety, any payment made already will be deducted from the subsequent fee.

We will deal with your enquiry as soon as we receive confirmation of your payment. The 3 working days are calculated from the time of confirmation of payment.

For further terms and conditions of business and use of our website please refer to the links at the bottom of our web pages.

Linking to our site

You are welcome to link to our site. Please set these links to the home page, deep linking is not permitted. However we would like to know, so please send us an e-mail to inform us about links you set.

The use of the Business and Health Consultancy logo for the link requires our written permission and it must be made clear where it links to.

Copyright

The content of this website belongs to Business and Health Consultancy. Logo and content are intellectual property of Business and Health Consultancy.

Copyright 2005 Business and Health Consultancy. All rights reserved.



TERMS and CONDITIONS of SERVICE

Services

Services will be delivered as stated in the service level agreement.

Obligations of Business and Health Consultancy

The medical service will be carried out by qualified and registered health professionals. All activities will be under the supervision of a registered specialist in occupational medicine.

All staff undergo regular training to maintain and improve their skills and knowledge to ensure excellent service standards. Regular audits are conducted to ensure high quality of service delivery and feedback to individual practitioners is provided.

Confidentiality and data management

Business and clinical information will be kept with the greatest confidence. Business and Health Consultancy is the data controller of information related to our service provision.

Business and Health Consultancy is registered with the data protection agency and complies with the requirements. Our registration number with the Information Commissioner is Z9181912.

To provide our services we require to store data on each individual assessment including name, identification details, address, contact details, workplace and medical details. We do additionally hold financial information as required by financial law and regulations. This information is essential for being able to provide the service and services cannot be provided should we not receive consent to handle and store this information. Information is only accessed by relevant staff involved in the service provision. As we are accredited to SEQOHS auditing is an integral part of our practice. Data is anonymised where ever possible for auditing purposes. Our privacy statement is available here

Information will be stored on paper and electronically according to our policies and procedures. In a nutshell paper records are usually destroyed between 3 months and 3 years from last entry; depending on details of the individual case. Electronic records will be held for a period related to NHS practice of storage of electronic medical files, HSE requirements or other regulations as far as applicable.

All information and data are held securely in accordance with GDPR 2018.

The General Data Protection Regulation 2018 (GDPR 2018) sets out the Right to Erasure. The GDPR 2018 also states this must not infringe with other requirements to keep information, e.g. HSE, GMC, FOM, HMRC, Companies Act.

Medical decisions are made by qualified individuals and not robots.

Information may be used for the purposes of improving our services to clients including research.

Access to information

Access to information by the relevant individual under the General Data Protection Regulations 2018 is generally used; however, other legislation and regulations need to be taken into account.

Medical information has additional protection requirements. The Access to Medical Records Act 1988 states the exemption

‘A medical practitioner shall not be obliged to give an individual access, in accordance with the provisions of section 4(4) or 6(3) above, to any part of a medical report whose disclosure would in the opinion of the practitioner be likely to cause serious harm to the physical or mental health of the individual or others or would indicate the intentions of the practitioner in respect of the individual.’

Due to these additional requirements an uncontrolled self-service access to information cannot be supported. To access information please use our contact page.

If an employer decides to change their Occupational Health provider each employee needs to provide written consent to transfer their medical record to the new provider. Related costs will need to be paid by the employer. 

Communication

Business and Health Consultancy will name a dedicated contact person for the contract.

Business and Health Consultancy will provide written feedback and reports as specified in the relevant agreement.

Reports will not contain confidential information without freely given written consent.

Reports will comply with legislative and regulatory confidentiality and disclosure requirements.

Medical assessments include reading of up to 2 pages of referral information (minimum 11pt & 2cm border at each side). Business and Health Consultancy reserves the right to disregard illegible information. We reserve the right to charge for evaluation of additional information.

Intellectual property

Information remains the property of individuals or the client company. However, proprietary assessment methods, software and other tools not developed specifically for the client company under agreement remain the property of Business and Health Consultancy.

Obligations of the client

The client will

·  Name a contact person to support communication

·  Provide required information on work arrangements

·  Enable access to information required by Business and Health Consultancy for performance of the contract

·  Consent to handle and store relevant data

·  Ensure reasonable and necessary access to client premises and equipment to facilitate the service

·  Ensure access to relevant staff to facilitate the service

·  Keep copies of legally required information, records of medical reports and surveillance review lists

·  Pay invoices on time without undue delay

·  Inform their employees about the reason and purpose of the referral to Business and Health Consultancy and their rights and duties in relation to the referral, including information in accordance with GDPR 2018

·  Inform their employees' data will be held on paper and/or electronically

·  Inform their employees regarding the required code of conduct

·  Respect confidentiality

If relevant actions have not been carried out, this can result in reduced assessment time impacting on the completeness of advice that can be provided. In severe cases it can make an assessment impossible.

Start and end of services

The provision of services starts at the time stated in the service level agreement. It will be for the duration of 1 year (if not stated otherwise) and be for another year if not terminated 3 months before the end of the year.

Pay-as-you-use services are for the duration of the agreed project or item. Further services need to be ordered separately.

There is no service provision during periods Business and Health Consultancy is shut down during common holiday times like in December and in summer. The times are published on the website.

Place of services

The service will be provided at the premises of the client (if not stated otherwise). Facilities will meet the requirements ensuring privacy and comfortable environmental conditions suitable for the purpose. Toilet and hand washing facilities must be available.

Costs and invoicing

The prices are per hour/medical/session/item as stated in the service level agreement. Travel costs shall be borne by the client and costs vary according to location.

Invoices will be sent monthly in the first year and then quarterly. The costs increase by 5% per annum (if not agreed otherwise).

Invoices shall be payable within 14 days of date of issue into the account of Business and Health Consultancy or as stated in the service level agreement or invoice. We reserve the right to request advanced payment.

We accept payment by bank transfer or PayPal. Depending on your arrangements you might be able to use your credit card via PayPal.

Payment via PayPal will incur a fee of the total gross amount and must be paid in full at the time payment is due.

Payment by cheque can not be accepted.

Late payment will attract a late payment fee of 8% p.a. above Bank of England base rate calculated on a daily basis starting 16 days after the date of invoice (permitting 14 days plus 2 days for delivery). In addition, we will exercise our statutory right to levy late payment penalties of £40 for amounts up to £1000, £70 for amounts from £1000 to £10000 and £100 for amounts above this.

Legal costs to recover payments shall be borne by the client.

Cancellation of agreed appointments

Business and Health Consultancy offers the opportunity to cancel arranged appointments.

Cancellations will be chargeable as follows for appointments exceeding 1 hour:

 

4 weeks or more prior to the day of appointment

0%

 

3 weeks or more

20%

 

2 weeks or more

50%

 

1 week or more before the appointment

75%

 

less than 1 week

100%

For appointments 1 hour or less in duration, the following cancellations charges will be incurred:

 

Within 3 - 5 working days prior to day of appointment

50%

 

Within 2 working days prior to day of appointment

100%

For appointments which require travelling, the travel time forms part of the booked appointment for the purpose of the calculation.

Appointments arranged via our network can vary from the above stated cancellation terms.

Non attended appointments will be charged in full.

It is important to arrive on time to the appointment as late arrival cannot be accommodated and shall be treated as non-attendance.

We do strongly recommend you to aim to arrive 15 minutes prior to the appointment to allow time for reception and registration.

We reserve the right to cancel booked appointments due to extreme circumstances, for example, industrial action regarding public transport, adverse weather conditions or other unpredictable events. We will inform clients of such cancellations at the earliest possible time and reschedule the appointment. Rescheduled appointments will not be charged for the original time booked.

Bookings involving orders of medication, vaccine, special equipment or other items will bear the full cost for the equipment and items ordered on your behalf. Cancellation terms do not apply to these parts of the booking.

Code of Conduct

Clients and patients are expected to demonstrate good conduct, behave appropriately and with respect. It is for example not acceptable to chew gum during the consultation or being on the telephone. Phones need to be switched off during face-to-face medicals. Inappropriate behaviour can result in instant termination of the medical appointment.

Medicals are confidential and as such it is not permitted to record or broadcast them in any way in part or full. Should any specific medical circumstances require a form of recording then this has to be brought to the attention of Business and Health Consultancy at least 5 full working days prior to the day of the appointment stating relevant reasons. The permission for recording will then be assessed.

Patients can be accompanied for the consultation. In the situation of memory problems or emotional upset this can be very helpful. However; for medical appointments a patient should not be accompanied by more than one person. It needs to be borne in mind a medical assessment is a confidential matter and the patient should be comfortable with the accompanying person becoming aware of details discussed.

Animals are not permitted on the premises. Guide dogs or other animals related to medical needs would need to be assessed on an individual basis. Notice of being accompanied by an animal needs to be given at least 1 week prior to any appointment.

Corona safety measures

We are highly committed to keep visitors and staff as safe as possible and to reduce the risk of infection. We have therefore introduced safety measures.

We do attempt to carry out assessments telephone or web based to avoid the risk of infection.

If face to face assessments are required we carry out an individual risk assessment prior to the consultation. This risk assessment needs to be completed by the person attending the face-to-face consultation in advance. The infection risk assessment will be used to determine if a meeting face-to-face is possible to be conducted safely at the planned time and what safety measures need to be in place. It is the duty of the person attending the appointment to inform us of any changes impacting on the risk. Changes have to be reported to us as early as possible prior to the appointment. If visitors do not comply with the risk assessment or we do not receive the assessment by the stated time we cannot proceed with the face-to-face meeting.

If the employee does develop reasons that make a face-to-face assessment impossible we offer to convert the assessment into a telephone assessment.

If it comes to light the information provided has not been accurate or misleading, we deserve the right to terminate the face-to-face appointment instantly and it will be handled like a non- attendance.

Due to social distancing rules we can only see people on their own or accompanied by one member of their own household. If a visitor intends to come accompanied, they need to make us aware of this fact and provide full details including contact details of the person coming with them at least 5 working days in advance. All people attending need to complete the corona risk assessment in advance of the appointment. This assessment cannot be conducted at the time of the appointment. All people attending face-to-face appointments need to bring and wear a suitable face cover.

We ensure the consulting room is appropriately cleaned with disinfectant. Cleaning will be done between each appointment.

Our health professional will wear appropriate face covering to reduce the risk of infection.

Changes

Business and Health Consultancy reserves the right to update their terms of service at any time. For your own benefit you are advised to print of a copy for your own records. Customers have the obligation to review changes in the published terms regularly.

VAT Registration

VAT registration number is: 885 2628 85



Privacy Notice

Business and Health Consultancy Ltd is keeping and processing records that include personal information about clients and patients. Under the General Data Protection Regulation there are certain duties and rights related to holding this information. Due to the medical nature of our services we hold additionally medical, work and financial information. This type of information is classified as sensitive and there are additional legal and professional requirements safeguarding it.

What information do we hold?

The information we hold is kept to a minimum and required for the provision of occupational health services. This includes information we are required to hold to comply with professional standards. These standards are set by the General Medical Council, Nursing and Midwifery Council, Health and Safety Executive and others.

We do not hold the same details about every individual as every case is different and therefore different requirements may apply.

Data we may hold:

Name, date of birth, national insurance number, contact details, address

Employer details

Workplace details

Medical information

Results of medical tests

Details about your GP or specialists

Information from other parties like your GP or other professionals

Reason for holding this information

Our clinical staff needs to maintain personal information to meet statutory requirements and guidelines. It also enables us to keep an accurate record of contacts that we have had with you for medical and workplace assessments.

Article 9 of the GDPR refers to holding and processing special category data. This includes health data. In Article 9 paragraph 2 (h) processing of occupational health data is stated as being justified.

Source of information

To carry out occupational health assessment we receive information from your employer and yourself. In some cases we may receive additional information from other professionals.

Right to be forgotten

The GDPR does include a right of the data subject to request erasure. However regarding medical data this right is superseded by other laws and regulations. Therefore the right to be forgotten is limited due to other legal requirements.

Duration information is kept

The requirement to keep information and retention time is regulated by a number of laws and regulations. The most important ones are:

Health and Safety at Work Act 1974

Management of Health and Safety at Work Regulations 1999

Workplace (Health, Safety and Welfare) Regulations 1992

Control of Substances Hazardous to Health Regulations 2002

Control of Asbestos Regulations 2012

The Control of Lead at Work Regulations 2002

Ionising Radiation Regulations 2017

Work in Compressed Air Regulations 1996

The Control of Noise at Work Regulations 2005

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

The Control of Vibration at Work Regulations 2005

Confined Space Regulations 1997

Working at Height Regulations 2005, amendment 2007

Personal Protective Equipment Regulations 1992

Display Screen Equipment Regulations 1992

The Working Time Regulations 1998, amendment 2003

The Private and Voluntary Health Care (England) Regulations 2001

Information

Retention period

Health surveillance medical information

40 years from last entry

Health surveillance medical related to ionising radiation

until age 75 and at least 30 years

Occupational health medical records

at least 8 years from date of last entry, best practice is 10 years from last entry

Financial information

minimum of 6 years from last entry

The listed retention times are minimum times and information is assessed individually if a longer retention time is required (for example for assessing vaccination and immunity the life time vaccinations schedule is required to assess appropriately).

Confidentiality and security

Medical records are kept confidential on a central server. The information is only accessed by occupational health staff for the provision of the service. Paper notes are used for a duration of 3 months to up to 3 years depending on details. They are then stored electronically according to GDPR requirements.

Due to professional requirements data cannot be anonymised for the performance of the medical assessment. We use encryption for safeguarding.

We do not share information with third party organisations without the consent of the data subject. We do only release a report to your employer with your consent. You can withdraw consent at any time until the time the report has been sent.

There are some legal requirements which can overrule the need for consent. There can be a legal obligation for disclosure due to the power to order a disclosure as it can be exercised by courts, tribunals or regulators or if a disclosure is in the public interest (e.g. if a person is putting others at significant risk).

Access to personal information

You have the right to request access to the information held about you. Please use our contact page to get in touch with us. The first copy is free which will usually be send by email. Repeated or excessive requests can be chargeable.

Due to the sensitive nature of the information we may request additional information to establish your identity.

Medical information has to comply with additional requirements. A healthcare professional can therefore withhold information if it is felt it may cause serious harm to the physical or mental health of the individual if disclosed.

Should any information we hold not be accurate we would expect you to inform us so we can amend your information.

Raising Concerns

If you have any concerns about the data we hold about you or how we use and process it, please get in touch with us via the contact page of the website to contact our Data Protection Officer. If you are still not satisfied you may contact the Information Commissioner’s Office. Our registration number is Z9181912.

Access to information from other healthcare professionals

We do not have access to your GP notes or the medical files of other healthcare professionals. In case we feel access to medical information of other healthcare professionals being of benefit we will ask you for consent before contacting your GP or specialist.

Decision making

We do not use automated decision making. Assessments are carried out by qualified healthcare professionals.

For answers to any further questions you may wish to refer to our Terms and Conditions.