Section 78: Record of health surveillance

78. Record of health surveillance (1) An employer shall keep a health record for his employee who is subject to health surveillance in accordance with section 77. (2) Medical personal data shall be kept confidential in accordance with generally accepted principles of medical ethics. O2 – 53 [Issue 6] Occupational Safety and Health Act (3) The health record referred to in subsection (1) shall contain the following— (a) surname; (b) forename; (c) sex; (d) date of birth; (e) residential address; (f) date of commencement of present employment; (g) a historical record of jobs involving exposure to substances requiring health surveillance in the employment; (h) conclusions of all other health surveillance procedures, including dates and names of persons who have carried out the health surveillance; and (i) such other particulars as may be prescribed. (4) The conclusions referred to in subsection (3) (h) shall be expressed in terms of the employee’s fitness to work but shall not contain confidential clinical data.