What you’ll discover:
What are workers’ health and medical privacy rights in the workplace?
Can I inquire about a worker’s COVID-19 diagnostic or health status?
Can I make an employee submit to medical tests?
Is it necessary for me to inform my whole team about an employee’s COVID-19 diagnosis?
Is it mandatory for workers to report COVID-19 or other diagnoses to their employers?
Consult a lawyer.
With COVID-19 exposure on employers’ and workers’ minds as they return to work, you may be worried about medical privacy rights in the workplace. Although many individuals believe that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects private health information, this is not the case. HIPAA only applies to health plans, health care providers, and other health-related companies. Some health information may not be as private as you thought unless you work for one of these institutions. The information provided here will assist you in understanding the intricacies of workplace privacy in the light of the present COVID-19 health crisis.
Table of Contents
What are workers’ health and medical privacy rights in the workplace?
Although an employer cannot access an employee’s direct medical records, there are several other avenues for them to gain medical information, such as on health insurance applications, workers compensation claims, and even sick leave requests. Normally, an employer will not disclose these facts with other team members; however, an exception may be made if there is a concern that affects the company operation or has an effect on other workers.
Employers may generally ask about and share information regarding health issues that may impair an employee’s capacity to do their work or put other employees at risk of catching an infection or disease. Nonetheless, while sharing information more widely, it is still critical to follow privacy standards. This includes obtaining permission before identifying an employee by name. If you have any queries concerning a particular circumstance involving COVID-19, consult a lawyer.
Can I inquire about a worker’s COVID-19 diagnostic or health status?
In a nutshell, sure. Employers may inquire of employees if they:
Have been diagnosed with COVID-19 or got a positive COVID-19 test result?
Have had contact with someone who has a diagnosis or a positive test within the last 14 days and have been told to self-quarantine
Are thought to be at high risk of developing COVID-19
One approach to acquire this information is to have workers fill out a screening form. It is critical that you seek this information on a regular basis and do not target a certain group of workers.
Can I make an employee submit to medical tests?
As an employer, you may make a new hiring offer contingent on passing a physical test. This presupposes that everyone in a comparable job is likewise obliged to undergo the same medical examinations. But, things get more difficult once you hire someone.
It is appropriate if your insurance provider demands a degree of medical evaluation before admitting a new member to the health plan. Nevertheless, unless there are economic reasons for medical testing or everyone in the organization is compelled to undergo a particular medical test (for example, TB testing of nursing care personnel), it is unlikely to be permitted.
While it may tax local testing resources, you may require personnel to get tested for COVID-19 before allowing them to work on site. Remember that companies cannot subject a specific group of workers to such testing. Employers may also require workers to do temperature screenings at home or submit to a no-contact thermometer scan before being admitted into the premises, in addition to virus testing. Temperature screening is compulsory for some or all businesses in various states and municipalities. Consult a lawyer to learn what is permitted or necessary in your location.
Is it necessary for me to inform my whole team about an employee’s COVID-19 diagnosis?
You should share this information with other team members for their health and safety, particularly if you know they have had contact with the person in issue. Nonetheless, you should not reveal the identity of the infected employee unless they expressly authorize. The Americans with Disabilities Act (ADA) includes a provision that allows businesses to notify workers about any ailment that poses a direct danger to their health. COVID-19 would be included under the Act since it is extremely infectious and may be fatal for persons with underlying health issues.
Is it mandatory for workers to report COVID-19 or other diagnoses to their employers?
In general, the answer is yes. You have every right as an employer to investigate if an employee:
Has been exposed to someone with a COVID-19 positive diagnosis
Is it possible to live with someone who has symptoms?
Has a diagnosis or is experiencing symptoms
After you have this information, you may share it with your other workers and require them to work from home or stay at home until they are no longer sick. But, bear in mind that unless the employee gives you permission, you should not disclose their name with other workers.
As an employer, you have the authority to require a medical clearance for a returning employee. In general, this would include a doctor certifying that the employee has had a negative COVID-19 test and has been symptom-free for a certain period of days.
Consult a lawyer.
If you have any queries concerning the employee privacy policies that relate to your company, you may receive answers from an attorney in the Coronavirus Law Center for free.