WSNA recently became aware the employer has initiated an alarming practice of informing employees of the names of coworkers who test positive for COVID in the course of employee health follow up.  We have communicated to the employer to cease and desist this practice, even if they believe it is permitted if the employee gives consent.

We do not claim there is intent on the part of the employer to be non-compliant with protecting your privacy. Instead, it appears they may not be considering all resources that would assist them in understanding what actually protects your rights to privacy of your health information. Until now, nurses indicate this has not been a past practice, even at the height of the pandemic, nor has the employer confirmed if it was ever a past practice. When we asked the employer to confirm this, they cited what very clearly appears to be a non-applicable exclusion for the purposes of doing contact tracing. We believe they are not adequately informed. We communicated to them with additional resources for review.

This week, the employer conveyed that it has NOW sent out a communication informing employees they will be asked to give consent to this breach of your privacy which includes your name, or “everyone” will need to be COVID tested. The employer can and must do their due diligence, do contact tracing and preserve your privacy at the same time. WSNA does not suggest the nurse be anything less than honest when answering employee health’s questions in this regard. Do not feel compelled to provide consent to share your private health information with coworkers, though. You are NOT required to do so. If you are ill, call in sick. If you test positive for COVID, call in sick. The employer is permitted and expected to ask questions directly with an individual employee to comply with the mandates related to public health.

We want everyone to be protected but it is NOT necessary to email coworkers with any personal health information that includes your name to do so.  There is guidance from an EEOC webinar in 2020 directly addressing these confidentiality questions during the pandemic. Further interpretation was provided that considers ADA and other regulations related to what employers may and may not do to comply with protecting employee private health information. COVID and other illnesses will continue to be present in the community and facilities. You are encouraged to take protective measures for yourself and others, including wearing a mask at work. We will provide updates when we have more information.

Contact your local unit chair Chris Birchem lmh-ccb@comcast.net or Nurse Representative Tara Barnes with questions tbarnes@wsna.org.