Current through Register Vol. 54, No. 24, June 15, 2024
Section 44.12 - Eliciting and disseminating information concerning an employe's handicap or disabilityInformation concerning a handicap or disability, medical condition or medical history of an employe, whether past, present or recurring, shall be accorded confidentiality as medical records and shall be retained only through the use of forms accorded confidentiality as medical records. The information may only be disseminated with the permission of the employe or when the employer can show a demonstrable business necessity for the dissemination including, but not limited to, the following:
(1) Responsible supervisors may be provided relevant information regarding restrictions on the work or duties of handicapped or disabled persons and regarding necessary accommodations.(2) First aid, safety and other personnel may be provided relevant information where appropriate, if the condition might require emergency treatment or extraordinary measures by the personnel in the event of a safety hazard.(3) Government agencies investigating compliance with any law may be provided relevant information upon request.(4) Authorized representatives of a labor organization may be provided relevant information in the context of a bona fide labor dispute or grievance procedure.(5) Insurers may be provided relevant information upon request for bona fide insurance purposes. This section cited in 16 Pa. Code § 44.11 (relating to preemployment process).