When is it Legal for Employers to Access an Employee’s Medical Information?
Medical information is sensitive personal data that requires strict confidentiality. However, there are situations when when employers may rightfully access their employees’ medical records. This article will explore the legal boundaries around accessing employee medical information.
Work Performance
In certain cases, work performance may be affected by an employee’s medical condition. If this affects their work, employers may access their medical records only to confirm the necessity of any accommodation requested by the employee, or to evaluate whether an employee needs to be temporarily or permanently removed from their position. It is permissible to request a doctor’s note or other documentation as proof of a medical condition in such cases.
Health and Safety Concerns
Employers are responsible for creating a healthy and safe work environment for their employees. In cases where an employee’s medical condition may affect his or her ability to perform work functions safely and efficiently, employers may access the relevant medical records to ensure the affected employee is not considered a hazard to themselves or their colleagues.
Medical History
Employers should not request medical records or medical examinations for the purpose of obtaining information about an employee’s health status, history or future medical needs or to discriminate against said employee on the grounds of their health. There is no justification for a blanket requirement that all employees submit their medical records or undergo medical testing as a requirement for employment.
Employee Consent
An employee’s medical information is considered confidential information, therefore employers will require the explicit consent of their employees before any medical records are accessed. This consent needs to be in writing, signed by the employee, and related to a specific purpose.
Conclusion
In summary, a delicate balance is required when it comes to accessing employee’s medical information. Employers need to be aware of the legal parameters and only access these records when necessary under the confines of the job, in order to safeguard the health and safety of the workplace. Otherwise, medical records should remain confidential and not be accessed without the employee’s explicit consent.
