In my reading of it, the interpretive letter is not about the “separate from personnel records” part as much as it is about “confidential, not disclosed without written permission of employee.” I don’t think it was about HIV stigma in particular.

The question specifically put to them outlined the separate nature of the medical record as distinct from personnel records, the need for a secure log in, and the punishment associated with unauthorized viewing of a coworker’s record. Their response was that those protections only kick in AFTER you catch someone looking at the record – but by then they’ve seen it. So employees may not report if they know coworkers technically have the ability to see their labs. They insisted on a system that actually will not allow unauthorized people to see the record.

I have not seen any more recent interpretations.

Here’s how I see it: if I work in the lab and I am exposed, I can choose to report it or not report it. We know underreporting is a big problem. If I know that my coworkers in the lab are going to see my result come through their system and say “Hey, that’s Melanie! Oh, she had virology testing done. Wonder what that was about” then I may be less inclined to report, than if I know my results cannot be seen by them.

Melanie Swift, MD

Director, Vanderbilt Occupational Health Clinic

http://occupationalhealth.vanderbilt.edu

From: MCOH-EH [mailto:mcoh-eh-bounces@mylist.net] On Behalf Of Fair, Susan
Sent: Wednesday, June 18, 2014 11:10 AM
To: 'MCOH/EH'
Subject: Re: [MCOH-EH] [Bulk] OSHA REGULATIONS

The section under medical records below only states that they must be kept confidential and separate from other personnel records.  I still have difficulty understanding how that means we have to code the HIV testing because it is only kept in systems that ARE confidential and separate from personnel records (HR has no access to this).  Since the CDC recommends HIV testing on everyone between 16 and 64 yo, it appears that the previous stigma attached to testing has been mitigated.  Does OSHA have any relevant interpretation that is more recent than 12 years ago?  What am I missing here?

Susan Fair, MPAS, PA-C

Yale New Haven Hospital

Occupational Health Plus

New Haven, CT

From: MCOH-EH [mailto:mcoh-eh-bounces@mylist.net] On Behalf Of Kathy Dayvault
Sent: Tuesday, June 17, 2014 1:26 PM
To: 'MCOH/EH'
Subject: Re: [MCOH-EH] [Bulk] OSHA REGULATIONS

Look at the blood borne pathogen exposure regulation. I use the hospital etool…. It helps you find specifics faster.

https://www.osha.gov/SLTC/etools/hospital/index.html

BBP reg: https://www.osha.gov/SLTC/etools/hospital/hazards/bbp/bbp.html

• Employer should establish and maintain both medical and training records [29 CFR 1910.1030(h)(1) and 29 CFR 1910.1020].
  • If an exposure incident occurs, employer should add reports to the medical record to document the incident, including testing results following the incident, follow-up procedures, and the written opinion of the health care professional.
    • Medical Records must be preserved and maintained for each employee with an occupational exposure to bloodborne pathogens [29 CFR 1910.1030(h)(1)] and for at least the duration of employment plus 30 years. They must be kept confidential (not disclosed without written permission of employee, except by law) and separate from other personnel records and must also include:
      • The employee's name and social security number, hepatitis B vaccination status, including the dates of vaccination and medical records related to the employee's ability to receive vaccinations.

Hope you find this helpful…. Very quick resource once you click on the hazard that you want.

Kathy Dayvault, RN, BSN, MPH, COHN-S/CM

Independent OHN Consultant

From: MCOH-EH [mailto:mcoh-eh-bounces+kdayvault11=att.net@mylist.net] On Behalf Of Senior, Cathy (DRMC)
Sent: Tuesday, June 17, 2014 1:08 PM
To: 'MCOH/EH'
Subject: [Bulk] [MCOH-EH] OSHA REGULATIONS

Can anyone direct me where I can find the OSHA regulation pertaining to the Duty to ensure privacy of employees exposed to blood and body fluid.  I know some facility use psuedo names in order to protect their employees privacy when the test are done in their facility.  I want to do this, however our lab is not agreeable as they are not sure how to register the employee and keep everything straight.   The lab informed me that they checked the state regulations (we are in PA) and there is nothing that says we must give psuedo names.  Therefore , I am looking for any information that would assist my mission to provide privacy to our employees.  I thought there was an OSHA regulation if the test was done within the facility such as the rapid HIV suds test that we could not use their name.  Can anyone direct me on this?

Cathy Senior RN BSN CDE

Employee Health Director

Penn Highlands DuBois

100 Hospital Avenue

P.O. Box 447

DuBois Pa 15801

Phone 814-375-3392

Fax 814-372-2610

cesenior@phhealthcare.org

www.phhealthcare.org

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