Employers access to medical information

[James Jones]

This is a fairly simply question. I simply want to know if the following policy item is legal or not.

When requested by the Company, a person is required to submit to examination by the Company's choice of medical practitioner and to authorise the Company and the examining medical practitioner to exchange information relating to his or her work or employment at the Company and the examination findings.

There was a new drug and alcohol policy posted for us and this was one of the items in the section labeled Non-Prohibited Drugs. However, you may notice, the language does not limit this item.

I will gladly bring it up the the company if it is illegal but I have no idea on how to find out if it is legal or not. Fair work Ombudsman said it is not covered by their act, however, if you look at the leave laws there is explicit mention of the employer not being permitted to question your doctor.

Here it looks like their policy is that the employee will waive their rights.

 

[Rod]

This is a complicated area of employment law. An employer can request you visit their doctor in some circumstances, but not all.

To give specific advice a lawyer needs to view the employment contract, company policy and any EA or award.

The key however is what information is told to the employer. Doctors, even doctors employed by a company have a general duty of privacy to their patient and should not share all information with an employer regardless of company policy.