20Reports of health monitoring to be kept confidential

20 Reports of health monitoring to be kept confidential

(1) An employer must ensure that any report resulting from the medical examination or other health monitoring of a person required under these Regulations, and any summary of the results of such a report, is kept confidential except in the circumstances set out in subregulation (2).

(2) An employer must provide a copy of a report or summary referred to in subregulation (1) to—

(a) the person to whom the report or summary relates as soon as reasonably possible after the employer receives the report or summary; and

(b) if the person to whom the report or summary relates authorises in writing a third party to have access to the report or summary, that third party; and

(c) if the Authority requests a copy of the report or summary, or if the employer is otherwise required by these Regulations to give the Authority a copy of the report or summary, the Authority.

Section 69 of the Act provides that the health and safety representative of the members of a designated work group must be allowed access to information that an employer has relating to the health and safety of the members of the group. The section permits a health and safety representative to have access to relevant medical information relating
to an employee's health and safety that does not identify individual employees and, with the consent of an employee, medical information that identifies that employee.