Healthcare professionals’ notification duty

The Act on Transport Services (section 208, subsection 2) contains provisions on the notification duty of a medical examiner of seafarers. Notwithstanding the obligation of secrecy, a medical examiner must inform Traficom if he or she suspects that a personal licence holder or applicant does not satisfy the medical requirements for obtaining a licence. The notification duty applies to those who are already serving or have previously served at sea. However, it does not apply to those who are only planning to work in this industry and are not yet applicants for or holders of a certificate of competency or a certificate of proficiency when examined by a medical examiner. In addition to deck and engine officers, the duty of notification concerns the catering department.

Medical examiners must always inform Traficom of a seafarer’s deteriorated state of health when it is estimated that he or she will fail to meet the medical requirements for at least six months. This notification duty applies not only in connection with examinations but also in between them. A notification of the non-fulfilment of medical requirements must also be submitted if the medical examiner considers the assessment of fitness to require a dispensation procedure. However, no notification is required if the person has previously been granted a dispensation for the same illness or injury, and the illness or injury in question has not got essentially worse since the dispensation was granted. If the dispensation is applied for because of a new illness or if the illness behind the previous dispensation has got essentially worse, the medical examiner must always notify Traficom of the seafarer’s deteriorated state of health.

The notification should be filed by sending the form Healthcare professional’s notification of non-fulfilment of medical fitness requirements (Y401) to Traficom (via secure email to kirjaamo@traficom.fi or by post to Finnish Transport and Communications Agency Traficom, PO Box 320, FI-00059 TRAFICOM). If a medical examiner considers that a dispensation procedure is necessary, this should be indicated on the form. The actual health data are not required, however. If the person’s state of health poses an immediate threat to traffic safety, the notification should be made by telephone (switchboard +358 29 534 5000). Before making the notification, the person in question should be informed of the medical examiner’s right to submit a notification and of the influence of their state of health on their ability to function. The notification can be submitted without the person’s consent.

NB! A separate notification should be filed with the police (Traficom form F203 for notifications to the police concerning a change in fitness to drive) if a physician finds that the applicant for a driving licence permit or a holder of a right to drive also fails to meet the medical standards of fitness to drive because of continuous substance use or other than temporary deterioration in their state of health (for at least 6 months).

The Act on Transport Services (section 208, subsection 2) contains provisions on a railway doctor’s notification duty. Notwithstanding the obligation of secrecy, a railway doctor must inform Traficom if a holder or applicant of a rolling stock driver’s licence does not satisfy the medical fitness requirements for obtaining a licence. The notification duty applies to those who are already working or have previously worked as rolling stock drivers. However, it does not apply to those who are only planning to work in this industry and are not yet licence applicants or holders when coming to a railway doctor for an examination.

Railway doctors must always inform Traficom of a rolling stock driver’s deteriorated state of health when it is estimated that he or she will fail to meet the medical fitness requirements for at least six months. This notification duty applies not only in connection with examinations but also in between them. The notification should be filed by submitting a negative assessment stating that the person is medically unfit for the job. In between medical examinations, the notification must be submitted using the form Healthcare professional's notification of non-fulfilment of medical fitness requirements (Y401) to Traficom (via secure email to kirjaamo@traficom.fi or by post to Finnish Transport and Communications Agency Traficom, PO Box 320, FI-00059 TRAFICOM). The actual health data are not required. If the person’s state of health poses an immediate threat to traffic safety, the notification should be made by telephone (switchboard +358 29 534 5000). Before submitting the notification, the person in question should be informed of the doctor’s right to submit a notification and of the influence of their state of health on their ability to function. The notification can be submitted without the person’s consent.

NB! A separate notification should be filed with the police (Traficom form F203 for notifications to the police concerning a change in fitness to drive) if a physician finds that the applicant for a driving licence permit or a holder of a right to drive also fails to meet medical standards of fitness to drive because of continuous substance use or other than temporary deterioration in their state of health (for at least 6 months).

The Act on Transport Services (section 208, subsection 2) contains provisions on the notification duty of a railway psychologist. Notwithstanding the obligation of secrecy, a railway psychologist having conducted a personality assessment must inform Traficom if the assessment indicates that a holder or applicant of a rolling stock driver’s licence fails to satisfy the psychological fitness requirements. The notification duty applies to those who are already working or have previously worked as rolling stock drivers. However, it does not apply to those who are only applying for a driver’s position or a place in related training and are not yet licence applicants or holders when coming for a personality assessment.

In connection with a personality assessment, the notification is filed by issuing a statement in which the person is found unfit for the position and submitting it to Traficom. In other situations, the notification is submitted by using the form Healthcare professional's notification of non-fulfilment of medical fitness requirements (Y401), which is sent to Traficom via secure email (at kirjaamo@traficom.fi ) or by post (to Finnish Transport and Communications Agency Traficom, PO Box 320, FI-00059 TRAFICOM). If a railway psychologist considers that the personality assessment may only be repeated after a certain period of time or that, because of the practice effect, certain tests cannot be used in a repeat assessment carried out within a certain period, this information should be recorded on the form in the field for additional information. Before submitting the notification, the person in question should be informed of the psychologist’s right to file a notification and of the influence of their psychological characteristics, behaviour or personality on their ability to function. The notification can be submitted without the person’s consent.

Notwithstanding the obligation of secrecy, any healthcare professional has the right to inform Traficom if they suspect that a personal licence holder or applicant does not satisfy the medical fitness requirements. The right becomes a duty if the health of a licence holder or applicant constitutes an immediate threat to traffic safety. In such cases, notifications must be made without undue delay. However, notifications are not required about persons who are only about to enter the industry and have not yet applied to Traficom for a licence or certificate.

In aviation, the notification right and duty concern pilots, cabin crew and recreational aviators; in shipping, it concerns deck and engine officers and persons working in the catering department; and in rail traffic, rolling stock drivers who work in railway traffic or shunting operations. With respect to air traffic controllers, healthcare professionals only have a right to submit a notification. The notification right and duty do not apply to urban rail traffic drivers.

The notification should be filed by sending the form Healthcare professional’s notification of non-fulfilment of medical fitness requirements (Y401) to Traficom via secure email (at kirjaamo@traficom.fi ) or by post (to Finnish Transport and Communications Agency Traficom, PO Box 320, FI-00059 TRAFICOM). If the person’s state of health poses an immediate threat to traffic safety, the notification should be made by telephone (switchboard +358 29 534 5000). Before submitting the notification, the person in question should be informed of the healthcare professional’s right to file a notification and the influence of their state of health on their ability to function. The notification can be submitted without the person’s consent.

Healthcare professionals other than those approved by Traficom may only indicate in the notification that the person concerned may not meet the medical fitness requirements for the licence and propose further measures for closer examination of their state of health or its effects on their ability to function.

NB! A separate notification should be filed with the police (Traficom form F203 for notifications to the police concerning a change in fitness to drive) if a physician finds that the applicant for a driving licence permit or a holder of a right to drive also fails to meet the medical standards of fitness to drive because of continuous substance use or other than temporary deterioration in their state of health (for at least 6 months). Nurses and public health nurses also have a right to notify the police if they suspect that an applicant for a driving licence permit or a holder of a right to drive does not meet the medical fitness requirements because of continuous substance use.