Is this legal??? - page 2
The hospital I work for is mandating all staff to complete a form so we can apparently be fitted for respirators in the event of a bio-terrorist attack. This form asks the usual health questions you... Read More
Jul 31, '04Occupation: RN/LMFT Specialty: 7 year(s) of experience ; From: US ; Joined: Nov '03; Posts: 3,081; Likes: 233Quote from NurseRatchetSrI'm pretty sure that HIPPA only refers to patients and patient records. Employee stuff should be different.Tell 'em to take a good look at the new HIPAA law ! That ought to turn their heads a little and make em spit green...
I like the idea of just not telling anybody anything, or simply writing "not applicable."
Jul 31, '04Occupation: RN Manager (Retired) Specialty: 10 year(s) of experience in ICU, CM, Geriatrics, Management ; From: US ; Joined: Sep '03; Posts: 3,325; Likes: 722Quote from chris_at_lucasThought that referred to a female hippo, no?I'm pretty sure that HIPPA only refers to...
Aug 4, '04Occupation: Program Manager Joined: Jul '98; Posts: 240; Likes: 9This form is a standard type of form required by OSHA for respirator fit testing. I have reviewed those forms and done the testing off and on for many years. The information on the form is not covered by HIPPA. Where I have been employed all employees who falsify either through omission or misstatement on the history form when discovered are terminated immediately. We have also terminated for not being qualified for some positions because the individual was unable to pass the fit testing. In others we have sent the employee home unpaid and temp hired a fully qualified individual. The employees sent home have been allowed to use their vacation. No employees have prevailed under ADA to be waived from the fit testing because it is a safety policy.
Feb 8, '05Occupation: student/law clerk Joined: Jan '05; Posts: 137; Likes: 7Seems you could write "none that would interfere with my ability to use a mask." As long as that is true, its not an omission or a falsehood. I think the place of employment has the burden of explaining why such personal information is needed. The disclosure itself might not harm anyone, but it could be used as amunition against someone the department has grown to dislike...and imagine if that information came up again when you go to a new job and the new place of employment calls for a reference.