|
Purpose
To state Occupational Health Services Division's policy on the access, release and storage of information concerning an employee's health record.
|
Policy Statement
Definition
Confidential Information refers to information regarding an employee that is received by the Occupational Health Nurse or designate in the course of his/her duties. This information is not public knowledge and becomes a permanent part of the health record. Such information includes but is not limited to pre-placement health assessments, physician’s certificates, rehabilitation progress, laboratory tests, medical history, employee assistance program feedback. The principals of confidentiality regarding the employee’s health record apply to verbal and written information. Information that is verbally communicated is also subject to the confidentiality provisions and can only be used or disclosed for the purpose for which it was provided
Policy Statement
This Confidentiality Policy refers to the right of individuals to have all information about themselves released only to those to whom they have consented other than the exceptions to disclosure discussed on page 3 of this policy. The Occupational Health Services Division of the City of St. John’s is committed to its responsibility to protect the right of privacy and confidentiality in relation to both verbal and written information related to employee and recognizes that the safeguarding of Confidential Information is an ethical, professional and legal obligation. The Confidentiality Policy for the Occupational Health Services Division provides direction to protect the confidentiality, rights and privacy of employees.
Employee Occupational Health Records
Health Records
- The Occupational Health Nurse and /or designate is the custodian of all employee occupational health information and controls access to and disclosure of such information.
- All employee occupational health information collected by the Occupational Health Nurse and or designate is Confidential Information.
- Records shall be secured separately from all other files or records.
- All confidential occupational health records shall be kept in locked filing cabinets.
- Confidential occupational health records shall be accessed only by the Occupational Health Nurse responsible for the record and designated staff who have a bona fide need, as determined by the Occupational Health Nurse, for such access.
- Confidential Information shall be used and disseminated only with written employee consent and or in accordance with legal requirements.
Employee and Family Assistance Program (EFAP) Records:
The Employee and Family Assistance Program Coordinator or designate acts as the referral agent for the Employee and Family Assistance Program. Employees and family members requiring services are interviewed by the Coordinator and only necessary information required to make appropriate referrals is recorded.
- The Employee and Family Assistance Program records shall be secured by the Coordinator in a locked filing cabinet and shall be secured separate from all other files or records.
- The Employee and Family Assistance Program Coordinator or designate shall assign a client number to be used for confidential invoice purposes.
- Access to the filing cabinet and client code numbers shall be restricted to the Employee and Family Assistance Program Coordinator or designate.
- Information shall only be released with the informed written consent of the client.
Release of Information to the Employer:
- The employer is entitled to information concerning an employee’s fitness to carry out his/her work relate duties, such as functional abilities, restrictions and accommodation requirements.
- An informed, written signed consent shall be obtained from the employee prior to release of information.
Consent for Release / Request of Confidential Employee Information:
A consent for Release of Confidential Information Form must be signed by the employee and witnessed by an Occupational Health Nurse or designate. A copy will be kept in the employee’s confidential file. The consent shall:
- state the date
- state to whom the information is to be released
- state the name of the institution where the information is to be released
- state the purpose for the release of information and how it is to be used
- state what information is to be released
- state an expiratory date for the validity of the authorization
- signature of the employee
- signature of the witness
Transmittal and Receiving Confidential Employee Information:
- Discussion or transmittal of Confidential Information shall only be done in a private, confidential setting.
- The City of St. John’s shall maintain confidential voice mail and fax access for receipt and transmittal of Confidential Information.
- Confidential outgoing faxes shall include a cover sheet which clearly identifies the sender and the intended receiver. The cover sheet shall include a warning that the information is intended for the named recipient only, as well as a request to contact the sender if the transmission was misdirected.
- Confidential Information shall not be transmitted via e-mail.
- Mail containing Confidential Information shall be sent in a sealed envelope and marked confidential.
- Invoices forwarded to financial services by the Occupational Health Services staff shall not reveal employee names.
Exceptions to Disclosure or Release of Employee Occupational Health Records:
There are times when a signed written consent is not required for the release of occupational health records.
- Such exceptions may include court orders and other statutory requirements and obligations.
- When in doubt, legal advice shall be sought prior to release of such information.
Access and Ownership of Employee Occupational Health Service Records:
- Right of access shall be granted to the individual that is the subject of that health information.
- The content of the employee health record is jointly owned between the Occupational Health Nurse who developed the information and the employee.
- The Occupational Health Nurse controls access to and disclosure of health information.
- The Occupational Health Nurse is custodian of all employee health records.
- Access to the employee health record is limited to the Occupational Health Nurse and designated staff of the Occupational Health Services who have a bona fide need, as determined by the Occupational Health Nurse, to such access.
Retention and Disposal of Confidential Employee Records:
- Records shall be retained in locked filing cabinets in a secured room.
- Filing cabinets shall only be accessed by the Occupational Health Nurse and designated staff with a bona fide need, as determined by the Occupational Health Nurse, to such access.
- Keys to these cabinets shall only be held by the Occupational Health Nurse and or designate.
- Inactive confidential records are to be stored in the City of St. John’s archives and only retrieved by the Occupational Health Nurse and or designate.
- Confidential Information requiring disposal shall be shredded by the Occupational Health nurse.
Pledge of Confidentiality:
- The City of St. John’s recognizes and supports a policy that protects the employee’s right of confidentiality in relation to verbal, electronic, or written information obtained through the occupational health services.
- While the Occupational Health Nurse and or designate is custodian of the employee occupational health file, all staff members are bound by the confidentiality guidelines.
- A pledge of confidentiality must be signed upon employment , reviewed and resigned on an annual basis.
- Communications, discussions, or access of employee information must only occur when fulfilling ones’ duties and responsibilities.
- Open discussion regarding an employee’s visit, employee personal, health or medical information is forbidden.
- Breaches in confidentiality include, but not restricted to discussions in lobbies, lunch areas, off premises or in the presence of persons not entitled to such information. Breach of confidentiality is subject to disciplinary action in accordance with City Policy 03-05-12.
Duty to Cooperate: Employees
The City has a legitimate need to collect medical information, including diagnosis in certain cases, in order to verify an employees absence for genuine medical reasons and to meet the obligation to accommodate employees with disabilities. Employees have a duty to cooperate and provide consent to the release of appropriate medical information to the parties noted in this policy in order to achieve these objectives.
Any failure by an employee to cooperate with these bona fide attempts to obtain appropriate medical information will be subject to the disciplinary provisions of collective agreements and the City’s disciplinary policy.
|
|
Application
|
Responsibilities
Occupational Health Services Division, all employees.
|
|
|
|
Monitoring and Contravention
|
|
Approvals
Regular Meeting of Council - February 14, 2005. Finance and Administraion Standing Committee report - June 8, 2005; Regular Meeting of Council - June 21, 2005.
|
|
Review Period
|
|
 |
|