Salud y Seguridad

NOTE: This UE Steward has not been updated since it was first published over a decade ago. Some information may no longer be accurate, especially the list of states with "mini-OSHAs" covering public sector workers.

Rather than working to create a safe and healthy workplace, many employers would rather blame workers for accidents and injuries. Their tactics include “behavior modification” schemes and pitting workers against workers. Here's what's (very) wrong with that thinking — and what the union should be doing to protect our members ...

Dear UE Steward,

The UE Steward on “Information Requests” stated that our employer must provide us with medical information; however, it may be considered confidential. Here is a situation that just occurred with us.

George Scott injured his back at work. After going through therapy his doctor released him to return to work but with a weight lifting restriction. The doctor said this restriction could be removed after some time passed. Our employer refused to take George back to work, saying there wasn’t any light duty work that he could do. We filed a grievance on George’s behalf stating that many other people had come back to work on light duty. We provided the company with a list of names of employees who had light duty and we asked to see their medical records. We know we can prove that other workers had the same lifting restrictions. The personnel manager refused stating that under HIPAA he wasn’t allowed to release any medical information about employees.

What is HIPAA and is he right?

Joe Gerraneo
UE Chief Steward
Burnemup Tool Co.