Employee medical file access

[johnny555]

Jurisdiction

Texas

Do I have a right to see my employee medical file, including random drug test results?

 

[cbg]

In your state? No, you don't. Your employer may show you your personnel file if they want to. They cannot be compelled to.

And what makes you think your employer has a specific medical file on you?

 

[army judge]

Do I have a right to see my employee medical file, including random drug test results?

If you're NOT abusing illicit drugs, you'll never fail any drug screen.

Drug tests are so easy to pass, you don't need to study before you take one.

I always score 100% on drug tests.

You should be able to do so, too.

 

[Betty3]

If you "fail" a drug test, it is most likely your employer will let you know.

 

[Johnny555]

I'm not talking about a personnel file - I'm well aware of what my rights as an employee in Texas are and what limitations my employer faces with regard to blending medical and personnel files. I'm talking about an employee medical file. Working in the oil and gas industry, my employer most definitely does keep an employee medical file and has medical staff. I just can't find any information anywhere outlining what my legal rights are with regard to this particular file. I don't use drugs - never have, never will. "Don't worry about it, then" is not an acceptable answer to the question posed IMO. I'm simply trying to legitimately find out whether one has a right to that information. I'm aware that my company would let me know about any positive result; however, since I'm voluntarily submitting to a medical screening, do I not have the right to the results, positive or negative? If the answer is no, how do I know that my company isn't collecting other medical information about me that is unrelated to drug testing - that's more what I'm concerned about.

 

[cbg]

The very large majority of employers do NOT keep medical files on their employees. If you work in one of the very few industries when they do, you can hardly blame us for not knowing that when you do not tell us what industry you work in.

 

[Johnny555]

The very large majority of employers do NOT keep medical files on their employees. If you work in one of the very few industries when they do, you can hardly blame us for not knowing that when you do not tell us what industry you work in.

I did not blame you or anyone else for anything. Apologies if it appeared that way. I'm simply seeking knowledge.

 

[Johnny555]

I'll answer my own question just in case anyone else is looking for this information. I was looking in the wrong places - DHHS vs. DoL. From OSHA:
"As an employee, what types of records can I access?

You also may access any employee medical records concerning your health status that were created or maintained by a physician, nurse, health care professional, or technician. Employee medical records include the following:

• Medical and employment questionnaires or histories.
• Results of medical examinations and laboratory tests.
• Medical opinions, diagnoses, progress notes, and recommendations.
• First-aid records.
• Descriptions of treatments and prescriptions.
• Employee medical complaints.

Do employers have to make all records available?
No. If you are an employer, the following are not considered "medical records" under this standard:

• Physical specimens, such as blood and urine samples.
• Records concerning health insurance claims if they are (1) maintained separately from your medical program and its records, and (2) not accessible by employee name or other personal identifier (e.g., social security number or home address).
• Records created only for use in litigation that are privileged from discovery.
• Records created as part of voluntary employee assistance programs, such as records for alcohol and drug abuse or personal counseling, if they are maintained separately from your medical program and its records.
• Trade secret information involving manufacturing processes or a percentage of a chemical substance in a mixture, as long as you inform health professionals and employees and their designated representatives that you have deleted that information from medical and exposure records. If the exclusion of the trade secret information substantially impairs the evaluation of when and where the exposure occurred, however, you must provide alternative information to the employee consistent with the requirements of 29 CFR Part 1910.1020."

Based upon this information, it looks like one does have the right to access lab test results provided that they're maintained by physicians, nurses, health care professionals, technicians (true, in my case) and also provided that an employee isn't in an assistance program for substance abuse and records are kept separate from medical files.

Hope this helps someone else out that may be looking for this information. Thanks to any of you that made an attempt to answer my question.