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Employee Assistance Program (EAP) Records.
None.
The Employee Assistance Program (EAP), headquartered in the Safety and
Health Center, Office of the Assistant Secretary for Administration and
Management (OASAM), U.S. Department of Labor (DOL), 200 Constitution Avenue,
N.W., Washington, DC 20210, and offices of designated EAP service providers
located elsewhere in the Washington metropolitan area and Department s regions.
DOL may elect to use, under an
interagency agreement or other contractual arrangement, the counseling staff of
another Federal, state, or local government, or private or community
organization. This system does not cover EAP records of DOL employees
(current or former) or their family members that are maintained by other
Federal agencies.
DOL employees or their family members, who have been assessed, referred
for treatment/rehabilitation or otherwise counseled regarding alcohol or drug
abuse or other emotional health issues by an EAP counselor responsible for
providing services to DOL employees or their family members.
Records in this system include documentation of visits to counselors
designated by the agency to provide EAP services (regardless of whether the
counselors are employed by the Federal, state, or local government, or by a
private sector or community organization); problem assessments; counseling;
recommendations and/or referrals for treatment and/or rehabilitation; client
cooperation with those recommendation and/or referrals; progress; and other
notes or records of discussions held with the client made by the counselor.
Additionally, records in this system may include documentation of the
therapeutic or rehabilitative work performed by a private therapist or a
therapist at a Federal, State, local government, or private organization. If
the client was referred to the EAP by a supervisor due to work performance or
conduct problems, the record may also contain information regarding such
matters. When the client was referred to the EAP because of a positive drug
test, required by DOL s drug-free workplace plan, the record will also contain
information about such tests results.
5 U.S.C. 7901, 7904; 5 U.S.C. 7361-7362; 42 U.S.C. 290dd-3; 5 C.F.R.
792; 42 C.F.R Part 2; and E.O. 12564.
These records are used to document the nature and extent of the client
s problem; the counseling, recommendations and/or referrals for treatment
and/or rehabilitation made by the EAP; and the extent of the client s
participation in, and the results of treatment or rehabilitation in community
or private sector programs; and any follow-up necessary.
a. DOL may elect to enter into interagency agreements or other
contractual arrangements with other Federal agencies, private organizations or
individuals for the purpose of providing EAP services for DOL employees and
their family members. Relevant records will be disclosed to these providers.
b. Except where the records are covered by the Confidentiality of
Alcohol and Drug Abuse Patient Records regulation, 42 CFR Part 2, records and
information in these records may be:
(1) Disclosed to the Department of Justice when: (A) DOL or
any component thereof; or (B) any employee of the agency in his or her official
capacity; or (C) 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.
(2) Disclosed in a proceeding before a court or adjudicative
body, when: (A) DOL or any component thereof; or (B) any employee of the agency
in his or her official capacity; or (C)any employee of the agency in his or her
individual capacity; or (D) 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. Where the records are covered by the Confidentiality of Alcohol and
Drug Abuse Patient Records regulation, 42 CFR Part 2, records and information
in these records may be used:
(1) To disclose, in accordance with 42 CFR 2.51, patient
identifying information to medical personnel who have a need for the
information about a patient for the purpose of treating a condition which poses
an immediate threat to health of any person and which requires immediate
medical intervention.
(2) To disclose patient identifying information to medical
personnel of the Food and Drug Administration (FDA) under the circumstances set
forth in 42 U.S.C. 2.51(b) et seq.;
(3) To disclose patient information when authorized by an
order of a court of competent jurisdiction in accordance with 42 CFR 2.61;
(4) To disclose information to a Federal, State or local law
enforcement authority that is directly related to a patient s commission of a
crime committed on the premises of the program or against any program personnel
or to a threat to commit such a crime. (See 42 CFR 2.12(a)(5));
(5) To disclose information to State or local law enforcement
authorities on incidents of suspected child abuse or neglect. (See 42 CFR
2.12(c)(6).
(6) To disclose the fact of a minor's application for
treatment to the minor's parent or guardian where State law requires parental
consent. (See 42 CFR 2.14(c));
(7) To disclose to a minor s parent or guardian, facts
relevant to reducing a threat to the life or physical well being of any
individual, if the minor lacks capacity for rational choice (See 42 CFR
2.14(d);
(8) To disclose to a Qualified Service Organization (QSO),in
accordance with 42 CFR 2.12(c)(4), that information needed by the QSO to
provide services to the program;
(9) To disclose patient identifying information for the
purpose of conducting scientific research under the circumstances set forth in
42 CFR 2.52;
(10) To disclose patient identifying information for audit and
evaluation purposes under the circumstance set forth in 42 CFR
2.53
None.
These records are maintained in file folders.
These records are retrieved by the name of the individual on whom they
are maintained.
These records are maintained in locked metal file cabinets labeled
confidential with access strictly limited to personnel directly responsible for
the management or operation of DOL s EAP. Such access and use must be in
accordance with the provisions of the Privacy Act and 42 CFR Part 2.
Records are maintained for three (3) years after the client s last
contact with the EAP, or until any relevant litigation is resolved, or any
periodic evaluation reports required by the U.S. Office of Personnel
Management, DOL, or other authorities are completed. Records are destroyed by
shredding or burning.
The Employee Assistance Program Administrator, Safety and Health
Center, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC
20210.
An individual wishing to inquire whether this system of records
contains information about him/her should submit a written request to the
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, place
and approximate dates when EAP services were received, date and place of birth,
and signature.
Follow the same steps described above.
Follow the same steps described above. In addition, the written request
for an amendment should include the following:
a. The precise identification of the records to be
amended;
b. The identification of the specific material to be deleted,
added, or changed; and
c. A statement of 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.
Information in this system of records comes from the individual to whom
it applies, the supervisor of the individual if the individual was referred to
the EAP by a supervisor, the staff of the EAP, other therapists or
organizations providing treatment and/or rehabilitation, and other sources whom
the EAP believes may have information relevant to treatment of the
individual.
None.
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