The long awaited final part of the Employment Practices Data Protection Code which covers Workers Health Information is now here! We first included an article in our newsletter back in January 2004 when it was published as a consultation paper, but now that it is official, it's available again. Here is a very brief introduction. Please contact Laura Cerasale for the full, yet bite sized version.

The general principles are as follows:

• The collection and use of workers' health information must be for a justifiable business reason.
• There must be no adverse effects of collecting or using such information.
• Workers must be informed of the reasons for which you are collecting the data, and what the information will be used for.
• Permission must be sought and gained prior to the collection and use of any data.

Prior to collecting or using information about a worker?s health, you should:

• Consider why it is that you intend to collect and use the information.
• Ensure that you can satisfy a 'sensitive data condition'.
• Be aware that a worker must provide you with express consent to collect and use data, and that this consent may be withdrawn at any time without penalty (except in extreme cases).
• Remember that the collection and use of this type of information is highly intrusive and that workers have a right to expect that all data is kept confidential and that privacy will be respected at all times.
• Not keep information longer than is necessary or collect information that you don't justifiably need.
• Ensure that the information you have is only related to the worker's suitability and capability for work.

Specific guidelines relating to drug and alcohol testing

• Testing workers for drug or alcohol use is unlikely to satisfy a 'sensitive data condition' unless it is for justifiable health and safety reasons.
• It may be justifiable to test workers who are in jobs that may pose a particular risk - using dangerous machinery for example - but there must be a business reason and not simply to 'character check' private lives.

What next?

For further details or a discussion about how the Code applies to your organisation, please contact Laura Cerasale on 01494 435310 or email laura@hradvantage.co.uk

The following information is available from HR Advantage:

• A bite sized summary of this latest part of the Code
• Back copy summaries of the last 3 parts of the Code

April 2005