10 replies to this topic

[mdszj]

My annual physical for work is next week.  I have had CML for almost 2 years now and have not told anyone at work because I do not want them to know.  Somehow I managed to avoid getting my physical last year so I avoided this situation.  I am in good physical condition and am PCRU so I know my blood numbers will be ok.  But the questionairre they gave me has a bunch of questions I am supposed to answer, which would let them know I have cancer, CML, take sprycel, etc. 

So my question is: how much will they tell my employer about my condition, or is my physical condition a confidential matter that they can not divulge?  Are they only required to tell my employer whether I am fit to perform my job or not?

thx for any info on this.

[CallMeLucky]

This is a tricky situation.  For the most part your medical information is confidential however there are exceptions and different laws may be in play depending on where you are.  I believe one of the issues that comes into play is suitability to perform work duties.  Most employment does not require a physical so it would seem like your job may be trying to ascertain information to see if you are able to do the job.   In many cases you are not required to disclose this information it comes down to asking questions.  Try to frame it generally.  I recently changed jobs and had to take a drug test and get new insurance I was very concerned if they detected Tki drug in my blood.  They told me they only tell employer pass or fail.  If there is any question the dr calls you to determine if you have a prescription for anything they find in the test results.

Read all the disclosures carefully, and ask some questions.  You have the right to know who sees the results of the physical.  There are privacy laws to protect you so just ask ahead of time.

[mdszj]

Hi Lucky thx for answering this.  You are correct, I figure the main reason for the physical at my work is to see if someone is able to do the job safely and effectively.  I am an environmental engineer, which includes a fair amount of field work such as supervising drill rigs, etc.  So I can definitely see the reason for it in this case.  I am hoping that the privacy rules are such that they can only tell my employer whether I pass or fail the physical, not specific health details.

[Happycat]

Is it an OSHA physical?  I have to do them annually, too, and have a bunch of questions I need to answer about exposure to chemicals (I'm a chemist by training, although I'm only managing chemists now.)  I also have to state how often I do certain tasks - lifting so much weight, working at a computer, etc.  I do have to answer a detailed questionnaire on my health and my biological family (parents, siblings, maybe grandparents). 

In my case, I was very open about my CML and have had no real adverse outcomes to my career because of it.  I do have restrictions placed on a few possible work duties.  For instance, I am not to perform any rescue or first-aid work.  I'm not certain if the prohibition is CML-related (possible transmission of my blood to victim - but how?) or related to my long-term whiplash injury (intended to keep me from injuring myself further).

As a manager, I do get a copy of any work restrictions the health-care provider believes is necessary for the employee.  I have two employees who cannot use respirators.  I don't know WHY they can't use the respirator.  The piece of paper just tells me they can't do it, therefore I cannot give them any tasks that would require the use of a respirator.  For another employee with back problems, the form came back stating we had to provide him with a footstool at his hood.  It didn't say he had back problems.  The employee volunteered that information to me.  That's the only reason I know why they said he should have the stool.

I also have another employee who has Parkinson's, but they have not put any work restrictions on him, although there is a good chance of chemical exposure if he should get a tremor or dyskinesia while working with chemicals.  I do not know if this employee is open with the healthcare provider about the PD.  I think he would have to be by now, because the tremors are becoming much more obvious.  So while he doesn't have work restrictions yet, I am actively trying to help him adapt to his new reality while keeping him safe and still maintaining his productivity.   For instance, we have provided him with Nomex lab coats which are made of flame retardant material, just in case he has a tremor while transferring a pyrophoric (spontaneously combustible) chemical.  He is clearly covered under the ADA rules, which means by law, we must provide reasonable accomodations.

I do not know why a person with CML (or any cancer) would not be covered under ADA.  I'm not an expert, though.  But I can tell you, the healthcare providers keep the information you give them confidential, and only tell the employer what they need to know regarding work restrictions or possible accomodations. 

HTH,

Traci

[hannibellemo]

It may interest you to know that someone in your company may already know the drugs you are taking and if they are interested enough to look them up they could know what they are for. I was absolutely astonished to know that HR has the ability to access my BCBS on-line portal. Now that may only be because we are self-insured (our plan is administered by BCBS) but they can definitely see that I take a very expensive drug every month. I learned this when I was having an issue with insurance and asking some questions of our HR clerk and she was able to pull up all my medical transactions!

Now, I don't care because just about everyone I work with knows I have CML, in fact I'm not the only one. Still it was disconcerting, to say the least!

Pat

[mdszj]

Traci

I would not be surprised if it is an OSHA physical since a lot of my work is related to Superfund sites, landfills, etc and is often for soil and groundwater cleanup.  I am 40-hour Hazardous Operations worker trained also.  The questionairre sounds pretty much like yours - you have to check details about previous chemical exposures and family related illness.  What you mentioned is good, sounds like they will likely not tell my employer about the cml.  In the approx 2 years I have had this, so far I have only told 5 people (besides my wife and 3 kids) - 3 siblings and 1 cousin and his wife.

have a nice Easter, thx Mike

[mdszj]

hi Pat

Wow - that is some unexpected info, and pretty incredible - seems to me that that you have little or no control or security/privacy as far as your records.  I think I will contact our HR folks and ask them if they have access to health records. Thx for the warning, Mike

[Susan61]

Hi:  I guess that varies from employer to employer.  I had no choice when diagnosed.  I was secretary to the Oncologist who found my CML.  I do not know what would have happened if I had not been working there, because I felt fine.  Just went for my routine 6 month check-up.

     If I had been working somewhere else, my own personal opinion would have been that I did not care who knew I had CML.  As long as I could perform my job properly, but each person has their own feelings on that.

    Things have a way of working out.

Susan

[Happycat]

If you have HAZOP training and actually use it on the job, your employer would have to participate in the medical monitoring program required by OSHA.  Many industries are covered by it.

Traci

[CallMeLucky]

For what it's worth Pat, right wrong or indifferent, if not outright illegal your company is opening themselves up to a significant legal liability.  Although self insured they are not allowed to access patient info, that is why there are third party administrators .  Of course the laws vary in different areas and particularly small vs. large companies so maybe legally they can get away with it.  I know when I was in treasury I only got the bill each month of what to pay there were no details behind it, and I know when I discussed with hr at current employer they were emphatic about the fact they cannot and do not want to see that info.

[hannibellemo]

Hi, Lucky,

I think I'm a little bit complacent about this and I may have been misleading because I don't know that they can actually see the treatment details but they can see individual bills and the finance director knows who kicks the catastrophic coverage into effect at $100,000 because he pays the bills and we've discussed this.  (Just as a general discussion, no specifics about anything - he's a friend and is concerned about my treatment) However, they can see that I take a monthly drug that, now, retails for over $6,000. So anyone who didn't know the specifics about my situation would know something was up.

That is not to say they just look at anyone's personal information any time they want, but it is available to them if someone has questions.

A colleague, who was dxed last year with CHF, and I have discussed how uncomfortable this makes us feel. I think I will ask more questions about just what they do know about our individual situations.

Good luck on your upcoming PCR results. This past month I experienced a weird chest pain. It seemed to be located just to the left of the breastbone directly behind the breast. It would kick in when I took a deep breath. I was also experiencing neck and pain between the shoulder blades. Yes, I know it sounds like classic female heart attack symptoms but I never felt like that was the issue. I really thought it was muscular in origin or the esophagus - I have GERD. My 5" wedge was wearing out and I got another one thinking that was causing the problem and amazingly the pain did go away. I will on rare occasions take a non-PPI if necessary but generally I do ok just watching what I eat and sleeping on the wedge.

Pat