Quick Answer -EE Requests to see Medical files

njjel

Is there anything that states an ee has the right to see their medical file if they request to do so? There is nothing in the union contract that addresses the issue other than they may see their personnel file. Also do you allow the ee to remove the personnel file from your office to go through it or do they stay in your office to do the review with you present?

ritaanz

If an employee wants to see their file, medical or personal, they should make the request and then you schedule a date and time that is convenient for both of you. The employee goes through the file in your office in your or your assistant's presence.

What's the big deal? Is this the diabetic one?

njjel

Good assumption! No big deal just wanting to know other's policy on seeing medical files and how, etc.

dchr9203

We allow employees to review employment and/or medical files by appointment only and in the presence/office of one of our HR reps. They may not make copies themselves, but can request copies of specific documents and we then make the copies for them.

Crout

To my knowledge, NJ does not have a law that addresses this, so whatever you have in your CBA would be the standard. If your CBA is vague on the topic, then you would fall back on past practice to determine the standard.

POPEYE

Maybe one of our safety experts will jump in here but I do think there are explicit regulations under OSHA that requires an EE access to medical records during employment and even XX number of years after termination.

Don D

POPEYE is correct. An employee has a legal right to inspect his own medical file per OSHA regulations. This typically deals with 'exposure' but can be stretched by a competent attorney to include any and everything you maintain in a file on the employee, medical or otherwise.

njjel

As usual, the forum comes through! Thanks!

Pork

MY ANSWER IS: NO, not in our handbook, we will let the ee see anything in his/her personnel, medical file, and NO, only in the presence of an HR person and in our secure files room.

"PORK"

deniseE

In PA we can request that an ee make a written request (disclosing the reason) for wanting to see the file. We are working on drafting a "form" for this. We like the idea of a papertrail.

We also schedule a time for them, before or after their regular shift or during lunch to view the file. They are not permitted to use work time. An HR rep sits in with them and does not respond to any questions regarding the contents of the file. It is what it is.

dbutton111

We allow employees to see anything but their worker's comp file (set up this policy with atty guidance).

All files are viewed in the presence of an HR rep, no file is allowed to leave the file area unless an HR person is attached to it.

If an employee (or even a supervisor) has time alone with a file then things can go missing, either intentionally or unintentionally.

Don D

It is a violation of OSHA regulation to refuse to allow an employee access to his record regarding exposure to bloodborne pathogens or anything else related to his medical history following industrial accident, injury or exposure. Your policy, crafted on advice of your attorney, is in violation of federal law.

njjel

It never ceases to amaze me how much attorneys DON'T know about a subject they are supposed to be knowledgeable in!

POPEYE

Right On!!!!!

Bill ONeill

Upon written request, we will allow an employee to review their personnel and medical file, in the presence of an HR representative. No questions are answered at that time. Prior to the review, the file is looked at by a HR rep, and any information pertaining to another individual is removed. Finally, Medical information is kept separate from the employees personnel file.

ScorpioHR

If an ee requests to see their personnel or medical file, I set-up a time, I am present with the ee and the files-Any questions are written down and I exlain that they will be answered within 5 business days-Sometimes this is necessary if I have to contact a physician regarding a test outcome or for med history-Since we work in the medical field this comes up quite often-Radiation exposure, nuclear monitoring, accidental needle pucntures, etc. We also are required to keep their medical and personnel files separate.