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PRIVACY AND YOUR MEDICAL RECORDS

    Your medical condition is protected by several laws, regulations and by agreement between USPS and APWU.
    Supervisors have NO business knowing the medical reasons you are unable to work. Confidential information like your medical records are restricted to authorized officials.
    In fact, when your medical records are reviewed by so called authorized designated officials that fact is to be written on your medical files. You have a right to look at your personal file to see who has been looking at your medical files.
    Very few non medical personnel can request medical information. Officials like EEO Counselors; Inspectors, Injury Comp, Postal Lawyers, Employee Relations Managers, Postal officials trying to resolve an issue and Union Representatives.
    Union officials submitting their request to the postmaster or plant manager in writing don't have to get employee written permission (but it's advisable to expedite processing) but do have to substantiate specific contract reason for asking for medical information. How Supervisors Violate Privacy.     Medical substantiation should be submitted to the medical unit/postal doctor, not to the supervisor.
    If your supervisor demands medical documentation that contains restricted medical information YOU MUST state that it violates your rights under the Privacy Act.
    Information that distinguishes one disease from another or determines the nature of disease based on signs, lab findings or symptoms is a diagnosis that is protected under law.
    Medical info as to a likely outcome of a disease or likelihood of recovery from a disease related to the nature and symptoms of the disease is a prognosis that is protected under law.
    The local advises that members use APWU forms which protect restricted medical documentation and have doctor indicate that the information is indeed restricted. How to Appeal Privacy Violations (MEMBERS ONLY)     If your rights under the Privacy Act have been violated regarding medical documentation/ records, contact your Shop Steward.
    The Steward will make necessary inquire (who, what, when, where, why and how) and forward the completed information including relevant documents to the Local Union President.
    The Local President will specify violations to management locally in an attempt to resolve the issue. If not resolved, appeal will be forwarded to the Regional Coordinator for another attempt to resolve the matter.
If not resolved, Coordinator appeals to National Director of Industrial Relations who will review and recommend court action.
    For Non Members, a timely grievance will be filed to protect employee rights, but no court action will be sought. 

Possible Penalties for Supervisor Violations     

    If a supervisor violates your rights and a lawsuit is filed by the union, your supervisor can be fined not more that $5,000. Damages up to $1,000 can be paid to an employee. USPS can by court order be stopped from making future violations and/or employee records can be amended. 

Reprinted from the Alabama Flash

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