Can employees keep their medical records private from their employer?

Medical surveillance programs are designed to monitor the health of employees, particularly in work environments where they may be exposed to hazardous substances or conditions. One key aspect of these programs is the protection of employees' confidentiality regarding their medical records.

Under regulations such as the Occupational Safety and Health Administration (OSHA) standards and the Health Insurance Portability and Accountability Act (HIPAA), employees' medical records are treated with a high level of confidentiality. This means that employers generally do not have the right to access employees' medical records without the employees' explicit consent, except in specific circumstances that directly relate to workplace safety or compliance with health regulations.

While there may be exceptions such as reporting injuries or illnesses that are relevant to workplace safety, in general, employees have the right to keep their medical information private. Therefore, medical surveillance practices are in place to ensure that confidentiality is upheld, allowing for the monitoring of health without compromising individual privacy.