Per SQF, we are having employees complete a Health Survey for pre-employment and upon returning from vacation or sick days. I really don't want to keep a file with this kind of information due to HIPPA laws. I'm thinking we will just document that the employee completed the survey and shred the survey. Any suggestions?
Thanks,
Phil
Hi Imadoughguy,
You have cited the chief reason why the GFSI "Medical Screening" requirements have been an issue for not only you, but a lot of other (US) industry professionals. I'd point you back to this conversation (although it was BRC-related, it applies all the same):
http://www.ifsqn.com...h__1#entry56623As an employer, do you want to take on the liability of infringing on privacy rights, or would you find it more advantageous to put the onus on the employee to report all illnesses to their supervisor? This is a slippery slope, and I'm afraid that a lot of US companies have put themselves at risk of litigation in attempt to simply pull the trigger on compliance to this requirement. I have been through GFSI certification a few times with different companies. At no time did I enforce "employee questionnaires", and at no time did I require pre-employment screening. These activities open you up to a lawsuit you can't win in court, and I've not seen a non-conformance result from stating that the internal policy requires the employee(s) to inform supervision of illness so they can be kept from direct food contact. You'll note that in the conversation I attached, 21CFR110 provides the federal directive regarding disease control:
"(a)
Disease control. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food-contact surfaces, or food-packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected.
Personnel shall be instructed to report such health conditions to their supervisors."
I hope this helps.
Chris