Are Hearing Tests Medical?

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.

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  • I don't know about the legal aspect but we also do hearing tests and I do keep the results in the EE's medical file. Guess it is better to err on the side of caution than not. Just curious, why would a supervisor need hearing test results unless it was for an ongoing concern?
  • Our corporation treats hearing tests as medical records and I file individual results in the respective ee's medical files, and, treat the information as confidential to the extent possible. When there is a re-test, or, hearing shift counseling on hearing conservation, supervisors are informed to allow oversight of the ee for proper wearing of the issued PPE, ear plugs.
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-24-03 AT 04:17PM (CST)[/font][p]EEOC has addressed this issue as it relates to employment-related medical inquiries. In its "Guidance on Disaibilty Related Questions and Medical Examinations of Employees Under ADA" and its similar guidance regard pre-meplyment medical inquiries and examinations, the EEOC provides the following:


    "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.
  • I do not place the hearding test results in an employee's medical but I keep them in the binder they came in and they are kept in a locked filing cabinet (the same cabinet I keep the medical files). I do not know of a reason the supervisor would need copies of the results and we do not provide copies to them. The employee receives a copy of their test result immediately following their test and what they choose to do with it is up to them.
  • We also do audio. I keep a seperate file for audio. We also do spirometer testing which I keep in a seperate file also. Not in medical file. OSHA requires certain test results for a period of time so I just keep those tests seperate.
  • Of course Don, regardless of what the OSHA standard says you must apply common sense with hearing tests. I had an individual who had a blues band, he was 60+ had CDs out and everything. By OSHA standards he should have had a threshhold shift, but had worked the last 20 years in a low noise environment, yet the company still continued to test his hearing, go figure. His hearing loss was directly related to 45 years of loud music, not work related noise, but the company by continuing to test him created and exposure to themselves.
    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
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-29-03 AT 04:31PM (CST)[/font][p] if the tests are provided by a medical provider and claims are processed electronically, then they are HIPAA covered. otherwise, no. however, there is a reasonable expectation of privacy by each employee tested. recommend the files be segregated and only those with a "need to know" be allowed access.

    Peyton Irby
    Editor, Mississippi Employment Law Letter
    Watkins Ludlam Winter & Stennis, P.A.
    (601) 949-4810
    [email]pirby@watkinsludlam.com[/email]
  • These are the annual tests where the 'technician in a box' comes to the facilities in a 6-wheel lab truck that has about 6 test stations inside. They test the appropriate staff, disappear, then send me an invoice. I understand that they must also go on the OSHA 300 is there is a 25dB variation from baseline. This could be bothersome also.
  • Hearing tests (audiograms) are required by OSHA and should be kept in a separate file from medical. We call it "OSHA Required" files, which also includes the questionnaire for employees who are required to wear respirators.
  • Don: I received my binder (and invoice) from our hearing test provider today, so I asked her whether the information was HIPAA protected. She said no, which makes a kind of sense since work comp information is excluded from HIPAA. She also reminded me that all threshold-shift cases were now OSHA-recordable and gave me a new mandated poster: "Occupational Noise Exposure Standard and Hearing Conservation Amendment" which she said now how to be posted at all facilities. Ya think we need some more new laws?

    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.

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