§ 44.12. Eliciting and disseminating information concerning an employe’s handicap or disability.
Information concerning a handicap or disability, medical condition or medical history of an employe, whether past, present or recurring, shall be accorded confidentiality as medical records and shall be retained only through the use of forms accorded confidentiality as medical records. The information may only be disseminated with the permission of the employe or when the employer can show a demonstrable business necessity for the dissemination including, but not limited to, the following:
(1) Responsible supervisors may be provided relevant information regarding restrictions on the work or duties of handicapped or disabled persons and regarding necessary accommodations.
(2) First aid, safety and other personnel may be provided relevant information where appropriate, if the condition might require emergency treatment or extraordinary measures by the personnel in the event of a safety hazard.
(3) Government agencies investigating compliance with any law may be provided relevant information upon request.
(4) Authorized representatives of a labor organization may be provided relevant information in the context of a bona fide labor dispute or grievance procedure.
(5) Insurers may be provided relevant information upon request for bona fide insurance purposes.
Comment The reference in this section to past handicap or disability is not deemed inconsistent with section 5(b)(1) of the act, in that information relating to past handicaps or disabilities may be part of the bona fide medical examinations permissible under § 44.11.
Generally the section permits breaches of confidentiality and dissemination of information concerning an employe’s handicap or disability only if the employer can show that sound business reasons necessitate the dissemination.
The example at paragraph (1) refers to supervisory personnel who have responsibilities relevant to the work or duty restrictions of the handicapped or disabled worker.
Paragraph (4) has been included to permit an employer to reveal otherwise confidential information in order to avoid serious labor strife, e.g., the situation in which a union protests the job duty modifications permitted for one worker under § 44.14 without knowing why the modifications are being made.
Of course, nothing in this section will be construed to permit the dissemination of information as is prohibited by a superseding law or regulation such as the H.E.W. section 504 regulations.
Cross References This section cited in 16 Pa. Code § 44.11 (relating to preemployment process).
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