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  • vickyp
    Keymaster
    December 19, 2017 at 9:10 pm
    Post count: 3644
    #102579
    Forum: Community

    I am wondering if I can ask my employees about medical information in case of emergency’ For example, can I ask them if they are allergic to any medication’ What medication they are taking’ What illnesses they may have’ Basically anything that might assist first responders… How do I do this without contravening their human rights?

    vickyp
    Keymaster
    December 18, 2023 at 7:05 am
    Post count: 3644
    #102942

    Janelle: The very fact that you ask this Q tells me that you’re smart, compliance-minded and sensitive to your workers’ rights.
    You are, in fact, allowed to ask workers for otherwise protected personal health information if:
    1. It’s to carry out a legitimate and nondiscriminatory employment function–providing for emergency treatment passes that test;
    2. The information is necessary to carry out the function–in this case, it certainly is;
    3. You ask for and collect no more info than you need to carry out the function–allergies and such seems cool but don’t ask for the entire medical file; and
    4. You take steps to secure and safeguard the confidentiality of the info and don’t share it with any other third parties not authorized to view it.
    Hope that helps. Sorry for taking so long to reply.
    Glenn Demby, 203 354-4532

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