Is this legal???

[critcarenurse16]

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 might expect with regard to the fitting of a mask (demographics, clausrtophobia) but it also goes into detailed personal health history.

I don't fully understand why they need to know my hobbies and homelife environment for example. (I understand the rationale for them knowing may help differentiate pre-existing illness from bio-terr. exposure) I just feel like this is a major violation of privacy. Do they have a right to ask? This form states it is mandatory for all information including health Hx and complete medication list. I would appreciate any opinions. The state I practice nursing in is Michigan.

[Gompers, BSN, RN]

We just did the same thing, and I didn't find it was an invasion of privacy at all. I just took it as asking important questions that might make a difference should the occasion arise when we all have to wear these things. They asked our height, weight, smoking status, if we were claustrophobic, if we had tasting/smelling difficulties, and if we had any cardiac or respiratory problems. They're not asking because they're nosey - they need to know who can wear these masks and who can't!

We had to wear disposable masks and have a hood put over our head, and they put a sweet or bitter tasting substance into the air, to see if we could taste it or not. If not, we knew the mask fit, and if we could taste it, there was a problem and the mask was not protecting us from gases.

I just don't really understand why this is such a legal issue, I suppose.

[chris_at_lucas_RN, RN]

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'm pretty sure that HIPPA only refers to patients and patient records. Employee stuff should be different.

I like the idea of just not telling anybody anything, or simply writing "not applicable."

[Havin' A Party!, ASN, RN]

I'm pretty sure that HIPPA only refers to...

Thought that referred to a female hippo, no?

[Sharon]

This 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.

[Lawnurse]

Seems 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.