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Employee Medical File System Records (not job related).
None.
For current employees, records are located in a health unit or
dispensary of the Federal Occupational Health (FOH), U.S. Public Health
Service, Department of Health and Human Services, or in a health unit or
dispensary of another Federal or private sector entity which provides health
services, under an interagency agreement or other contractual arrangement, to
DOL employees. Medical records maintained by one of the latter entities may be
considered the property of the entity providing care to the DOL employee;
however, records maintained by FOH are considered the property of DOL.
For former employees, most records will be located in an Employee
Medical Folder (EMF) stored at the National Personnel Records Center operated
by the National Archives and Records Administration (NARA). Agencies may retain
some records on former employees for a limited time.
Individuals covered are those of the following who have received
voluntary employee health services provided by the agency under the authority
of 5 U.S.C. 7901:
a. Current and former DOL employees as defined in 5 U.S.C.
2105.
b. DOL contract employees and other visitors (including minors
and employees of other Federal agencies) who may have received emergency care
from the health unit or dispensary.
This system is comprised of records developed as a result of the
provision of voluntary employee health services offered by the agency under the
authority of 5 U.S.C. 7901. These records contain the following
information:
a. Medical history and other biographical data on those
employees requesting voluntary periodic health examinations.
b. Test reports and medical diagnoses based on voluntary
periodic health examinations or voluntary health screening program tests (tests
for single medical conditions or diseases).
c. History of complaint, diagnosis, and treatment of injuries
and illnesses cared for by the health unit or dispensary.
d. Vaccination records.
Listed below are other types of
medical records which are not covered by this system of records. Rather,
they are covered by a government-wide system of records (OPM/GOVT-10), which is
managed by the U.S. Office of Personnel Management (OPM), even though the
records are not in OPM's physical custody. The routine uses of such records are
defined in the Privacy Act Notice for OPM/GOVT-10. Such records include:
(1). Medical records, forms, and reports completed or obtained
when an individual applies for a Federal job and is subsequently
employed;
(2). Medical records, forms and reports completed during
employment as a condition of employment, either by the employing agency or by
another State or local government entity, or a private sector entity under
contract to the employing agency;
(3). Records pertaining to and resulting from the testing of
the employee for use of illegal drugs under Executive Order 12564. Such records
may be retained by the agency (e.g., by the agency Medical Review Official) or
by a contractor laboratory. This includes records of negative results,
confirmed or unconfirmed positive test results, and documents related to the
reasons for testing or other aspects of test results;
(4). Reports of on-the-job injuries and medical records,
forms, and
reports generated as a result of the filing of a claim for Workers
Compensation, whether the claim is accepted or not. (The official compensation
claim file is not covered by the OPM system; rather, it is part of DOL s Office
of Workers Compensation Program (OWCP) system of records.)
(5). All other medical records, forms, and reports created on
an employee during his/her period of employment, including any retained on a
temporary basis and those designated for long-term retention (i.e., those
retained for the entire duration of Federal service and for some period of time
after), except that, records maintained by an agency dispensary are included in
this system of records only when they are the result of a condition of
employment or related to an on-the-job occurrence including, for example,
records of the specialized health services made available to investigative
personnel of the Wage-Hour Division, under interagency agreement between PHS
and DOL s Employment Standards Administration.
5 U.S.C. 7901 et seq.,5 C.F.R 293, and 5 C.F.R 297.
These records document the utilization and provision of voluntary
employee health services authorized by 5 U.S.C. 7901.
The records and information in this system of records may be used as
follows:
a. Disclosed to the Department of Justice when: (1) DOL or any
component thereof; or (2) any employee of the agency in his or her official
capacity; or (3) the United States Government, is a party to litigation or has
an interest in such litigation, and by careful review, the agency determines
that the records are both relevant and necessary to the litigation, and the use
of such records by the Department of Justice is for a purpose that is
compatible with the purpose for which the agency collected the
records.
b. Disclosed in a proceeding before a court or adjudicative
body, when: (1) DOL or any component thereof; or (2) any employee of the agency
in his or her official capacity; or (3) any employee of the agency in his or
her individual capacity; or (4) the United States Government, is a party to
litigation or has an interest in such litigation, and by careful review, the
agency determines that the records are both relevant and necessary to the
litigation, and that the use of such records is a purpose that is compatible
with the purpose for which the agency collected the records.
c. Used to refer information required by applicable law to be
disclosed to a Federal, State, or local public health service agency,
concerning individuals who have contracted certain communicable diseases or
conditions. Such information is used to prevent further outbreak of the disease
or condition.
d. Disclosed to the appropriate Federal, State, or local
agency responsible for investigation of an accident, communicable disease,
medical condition, or injury as required by pertinent legal authority.
e. Disclosed to the OWCP information in connection with a
claim for benefits filed by an employee.
f. Disclosed to contractors providing medical or health
counseling services to Department of Labor employees when such contractors have
a need for the information in connection with their services. This would
include medical or health personnel and employee assistance program (EAP)
counselors.
None.
These records are stored in manual file folders.
These records are retrieved by the name of the individual to whom they
pertain.
Records are maintained in a locked file cabinet with access limited to
personnel directly responsible for the management or operation of DOL s
voluntary health services program. Such access and use must be in accordance
with the provisions of the Privacy Act.
Records covered under OPM/GOVT-10 are retained and disposed of as
required by that system. Records covered by this system are destroyed six (6)
years after the date of last entry.
Director, Safety and Health Center, Office of the Assistant Secretary
for Administration and Management (OASAM), U.S. Department of Labor, 200
Constitution Avenue, NW, Washington, DC 20210.
a. An individual wishing to inquire whether this system of
records contains information about him/her should submit a written request to
the appropriate DOL system manager, stating that the request is being made
pursuant to the Privacy Act, and including: His/her full name, any former name,
if applicable, home address, current or last place and dates of DOL employment,
date and place of birth, and signature. ure.
b. An applicant for DOL employment or a current DOL employee
wishing to inquire whether OPM s government-wide system of records contains
information about him/her should initially submit a written request, as above,
to the appropriate DOL system manager.
OPM retains authority under its
record management authority and under the Privacy Act to decide appeals of
initial agency determinations regarding access to and amendment of material in
these systems.
c. A former employee wishing to inquire whether OPM's
government-wide system of records contains information about him/her should
initially submit a written request, as outlined above, to the Assistant
Director for Workforce and Information Personnel Systems and Oversight Group,
Office of Personnel Management, 1900 E Street, N.W., Washington, D.C. 20415.
Follow the steps described above. Note: When a request for access
involves medical or psychological records, the system manager may advise the
requester that the material will be provided only to a physician designated by
the subject. Upon receipt of the designation and upon verification of the
physician s identity, the records will be made available to the physician, who
will have full authority to disclose those records to the subject when
appropriate.
Follow the steps described above. In addition, the written request for
an amendment should include the following:
The precise identification of the records to be amended; the
identification of the specific material to be deleted, added, or changed; and a
statement of the reasons for the request, including all available material
substantiating the request. Requests for amendment of records should include
the words "Privacy Act Amendment Request" on both the envelope and at the top
of the request letter.
a. The individual to whom the information pertains.
b. Laboratory reports and test results.
c. Medical staff working in the health unit or dispensary who
have examined, tested, or treated the individual.
d. The individual's co-workers or supervisors.
e. The individual's personal physician.
f. Other Federal employee health units.
None.
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