Train driver medical records

[traineedriver1]

Is is a legal requirement to disclose any changes to the medical health?

 

[Driver2B]

Legal? Probably if it puts the safety of the railway, passengers and staff at risk.

It's certainly going to be a contractual obligation and you would expect instant dismissal with no union support if you failed to disclose changes to your medical health.

Also, your employer will have obligations to support you with any medical needs, which can only be done by disclosing.

If you're considering failing to disclose, you're a fool! Just don't do it!

Others will be along shortly with their opinions, but I'm expecting a lot to agree with the above!

 

[traineedriver1]

The reason is because I believe that I was misdiagnosed with Fibromyalgia.
I don't think I have it as I don't have the symptoms. The only symptom I have is acking of my feet, but that is not on a daily basis.

How can the company find out?

 

[Aviator88]

The reason is because I believe that I was misdiagnosed with Fibromyalgia.
I don't think I have it as I don't have the symptoms. The only symptom I have is acking of my feet, but that is not on a daily basis.

How can the company find out?

Tell occupational health ASAP, for all the reasons mentioned above. Their main consideration is 'are you safe to drive trains?' - if you don't think you have it, that insinuates you're not taking medication for it, ergo the only issue is your periodically aching feet, which doesn't sound like an issue at this point in time.

Get a second opinion as soon as possible - this is likely to be occupational health's advice as well, if you explain everything you've said here!

Also, they probably can't find out. But here's the problem - if the condition develops later on and you require treatment, along with medical reports etc, it will come to light that you hid it previously. Ironically, it would be this that sees you out the door rather than the condition itself, in all likelihood.

Edited to add... Regarding the legality of it, you're not legally required to tell your employer, but instead are contractually bound and, more importantly, morally bound. Further, if you were involved in an incident and somebody somehow tied it to an undisclosed medical condition, you could potentially face criminal charges.

Tell occupational health. Get a second opinion.

 

[Driver2B]

The reason is because I believe that I was misdiagnosed with Fibromyalgia.
I don't think I have it as I don't have the symptoms. The only symptom I have is acking of my feet, but that is not on a daily basis.

How can the company find out?

I'm sorry to hear about your situation.

I didn't know what that condition was so I've just visited: https://www.nhs.uk/conditions/fibromyalgia/

You probably already know that many of the symptoms are going to be a big concern to a railway employer (difficulty sleeping, fatigue, brain fog, sensitivity to pain, muscle stiffness).

I'm really pleased to hear that you don't have any symptoms and (presumably) feel well. I hope that that continues for a long time!

I don't know how you have been diagnosed with it if you don't have any symptoms, especially as the article says: "there's no specific test to diagnose the condition". Hopefully your doctor will have discussed this with you.

I would imagine the best route for you would be to try to get a second opinion. I don't know if that can be done on the NHS but lots of private healthcare companies come up on a simple internet search. I have no experience in this area.

I would get a second opinion ASAP, even if it involved paying a private company.

Regarding how your employer can find out, robably not easily, but if you have certain other conditions, they may require you to allow access to your medical records in order to retain employment on sick pay.

Failure to disclose is a serious instant dismissal offence, and it might be one of those which the union will not support you with. If it causes an accident, it could be a criminal matter?

 

[traineedriver1]

Thank you for the replies.

I do not take any medication for it. The rheumatologist has said that I may have clinical fibromyalgia and there is some more testing to undertake in order to eliminate any other illnesses. I am currently off sick due to anxiety, I believe that was the reason I was under bone acking, at the moment the acking has stopped.

 

[Driver2B]

Thank you for the replies.

I do not take any medication for it. The rheumatologist has said that I may have clinical fibromyalgia and there is some more testing to undertake in order to eliminate any other illnesses. I am currently off sick due to anxiety, I believe that was the reason I was under bone acking, at the moment the acking has stopped.

Thank you for the extra information.

I wish you every success with the testing and am pleased that the aching is easing.

Best wishes and good luck!

 

[irish_rail]

Aching in the feet is likely to be very much exasperated by driving a train. The DSD pedal in many cabs is notorious. Probably best to be honest with occy health and see what adjustments may be made if necessary. You risk making your condition worse, especially if you will be driving over routes with long periods of continuous driving.

 

[ComUtoR]

How can the company find out?

Various ways. The first being that you tell them. The second is that you allow your medical records to be shared.

When any of our Drivers go sick; even for a day. They will have a return to work interview. Questions are asked about why that person was off, did they see a Doc, what else may be of significant interest to the company, etc. etc. You are required to be honest in that discussion. Not disclosing anything, whilst may not be immediately discovered, would be gross misconduct.

Our Driver who are long term sick have even more medical disclosure questions and interviews. Especially upon return. If you get sent for a resumption medical, our TOC has a question stating "are you willing for the company to request medical history" Again, it would be gross misconduct to mislead or be less than truthful here.

Long, long term and you're looking at medical capability processes. Medical records start to become very significant. IF you look at the end of the med cap process; there can be a potential payout for medical capability. If anything is discovered along the way that you failed to disclose or was even slightly dishonest. Not only would it be career ending, you would forfeit any payout.

Being honest and open with your employer allows them, and pretty much obliges them, to support you. Often Occupational health can provide clear insight to what can be done and often what additional or specialist help can be provided.

As others have already said. Your health is important and not declaring could make your condition worse by suffering at work. As you are already off with anxiety, I would hope that conversations and welfare checks have already taken place.

Speak to your Doc, speak to your Manager, speak with your Occupational health team.

*Edit*. Not forgetting that when you book on for duty, you probably sign the "statement of readiness" which I believe, is a legal "document"

 

[LCC106]

The responses here flesh out my reply from yesterday to your other post, so I hope you will find these helpful. Best to declare, even if saying it is still under investigation. Good luck.