Are Hearing Tests Medical?
Don D
9,834 Posts
I've gotten conflicting answers on this one. Do those of you who use these tests consider them legally medical tests and apply the revised HIPAA confidentiality regulations to them? The reason I ask is that the new company has racks of these historical records in binders, not confidentially secured and supervisors are traditionally getting results copies. It comes to mind that a drug screen is not a medical test so maybe this isn't either. This may be splitting hairs, but I want it done correctly.
Comments
"A 'medical examination' is a procedure or test that seeks information about an individual's physical or mental impairments or health. The guidance on Preemployment Questions and Medical Examinations lists the following factors that should be considered to determine whether a test (or procedure) is a medical examination: (1) whether the test is administered by a health care professional; (2) whether the test is interpreted by a health care professional; (3) whether the test is designed to reveal an impairment or physical or mental health; (4) whether the test is invasive; (5) whether the test measures an employee's performance of a task or measures his/her physiological responses to performing the task; (6) whether the test normally is given in a medical setting; and, (7) whether medical equipment is used.
In many cases, a combination of factors will be relevant in determining whether a test or procedure is a medical examination. In other cases, one factor may be enough to determine that a test or procedure is medical.
Medical examinations include, but are not limited to, the following:
vision tests conducted and analyzed by an ophthalmologist or optometrist; blood, urine, and breath analyses to check for alcohol use; blood, urine, saliva, and hair analyses to detect disease or genetic markers (e.g., for conditions such as sickle cell trait, breast cancer, Huntington's disease); blood pressure screening and cholesterol testing; nerve conduction tests (i.e., tests that screen for possible nerve damage and susceptibility to injury, such s carpal tunnel syndrome); range-of-motion tests that measure muscle strength and motor function; pulmonary function tests (i.e., tests that measure the capacity of the lungs to hold air and to move air in and out); psychological tests that are designed to identify a mental disorder or impairment; and,
diagnostic procedures such as x-rays, computerized axial tomography (CAT) scans, and magnetic resonance imaging (MRI).
There are a number of procedures and tests employers may require that generally are not considered medical examinations, including:
tests to determine the current illegal use of drugs; physical agility tests, which measure an employee's ability to perform actual or simulated job tasks, and physical fitness tests, which measure an employee's performance of physical tasks, such as running or lifting, as long as these tests do not include examinations that could be considered medical (e.g., measuring heart rate or blood pressure); tests that evaluate an employee's ability to read labels or distinguish objects as part of a demonstration of the ability to perform actual job functions; psychological tests that measure personality traits such as honesty, preferences, and habits; and, polygraph examinations."
So, hearing tests that identify deafness would be considered a medical examination. If it was a hearing test to determine if the emplyee could hear a particular type bell that is used on the job as distinquished from another type of bell, it seems that wouldn't be a medical examination.
Anyway, when scheduling the van, I always did it on Monday mornings, discussed with the employees avoid noise exposure for the preceeding 12 hours and scheduled the employees in the loudest part of the plant first, prior to them going onto the production floor to make sure we got the most accurate results.
My $0.02 worth.
DJ The Balloonman
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]
I plan to treat the hearing infomation carefully, but I have years of binders on my shelf too and I think I'll leave them. They are locked in my office with all other wc & hr information so I guess they're as secure as possible.