TexasCHLforum.com

In the quest to "care for our employees" my employer is forcing everyone to electronically submit "Medical History" and "Domestic Assessment" surveys consisting of the following areas:

What really gets me is some of the questions on the "Domestic Assessment"

"Do you own or have access to firearms?
"Do you take part in activities with firearms or other dangerous weapons? "
"Do you or your partner possess a Concealed Handgun License issued by your state of residence?"

Contact information for personal physician.
Cardiac/Pulmonary history
Respiratory history
Psychiatric history
Current biometrics
Current medications
Surgical history
Vision history
DME usage
Vaccination history
Food allergies
Allergies NOS
Narrative on diet and exercise habits
Tobacco usage history

I can understand some of this history being required for those involved directly in patient care (of which I am not).

At the end of each survey it states:

"Acknowledgment

I acknowledge that I have a continuing responsibility to keep my employer informed of any health condition that may affect my ability to perform the essential functions of my job. This may include, but is not limited to: unusual stress, physical injury or impairment, back, neck or muscle strain or pain, any infectious disease, and/or any condition that may make me susceptible to infection.

By my signature, I certify that the statements made on this health history are true and correct to the best of my knowledge and belief and hereby grant ****** permission to verify such answers. I understand that any false statement may be considered sufficient case for withdrawal of job offer or for dismissal, if such false statement is discovered after I begin employment.

164) This health history once received becomes the property of <company name> and is retained as part of my permanent health file within Employee Health Services. The employee health record will be accessible to persons with a need to know as permitted by law in cases where the employee put his/her health at issue as it relates to his/her job (i.e., lawsuit, worker’s compensation claim, ADA accommodation request, disability claim, fitness for duty evaluation, etc.).

I expressly request <company name> to proceed with the cost free TB skin test, lab and x-ray examinations with the understanding that any follow-up exams or consultations, if required, as a condition of employment or treatment for a problem that occurred as a result of the assessment, will be provided by my physician at my expense. I acknowledge that Texas law provides if any health care worker is exposed to my blood or other bodily fluid, the Hospital may perform tests, without my consent, on my blood to determine the presence of hepatitis B and C and HIV. I understand that such testing is necessary and I understand that the results of tests done under these circumstances are confidential.

I further understand and acknowledge that as a condition of my continued employment with THR, annual TB screening and mask fit evaluations are required and it is my responsibility to schedule with Employee Health.

I hereby certify that I am 18 years of age or older, OR I am the legal guardian of the minor participating in this program. I certify I have carefully read the Personal Health Survey questions, and that I understand them and that the information given is complete, true and accurate to the best of my knowledge. TYPE YOUR NAME BELOW. THIS CONSTITUTES AN ELECTRONIC SIGNATURE THAT IS REQUIRED BY LAW. *"


The completion of these surveys is mandatory (all questions) and must be fully truthful, upon the pain of punishment up to an including termination. The company reserves the right to verify any and all information by any means legally possible.

My take is that it is none of their business as to whether I own or have access to firearms, have a CHL (our facilities are 30.06 posted so I follow that to keep my job). My personal health history is between me my family and my physician.
There are at least 6 other team mate who also have a CHL and have expressed the same concerns.

So my questions are:

1) Would there be any way for an employer to query the DPS regarding an employee's CHL status?
2) Can anyone provide a referral for counsel that may be able to assist with at least the firearms related questions?
3) General thoughts from other forum members regarding this (beyond "You ought to find another job).

Thanks

I think this may be a good case to visit with Charles Cotton about. I bet he can refer you to a good employment law attorney if it is outside his area of expertise.

I would consider those questions as none of their business. If they are concerned about your physical ability to do the job, they should have you do a physical.

Sounds like a huge overreach by employer, however you are free to find a new place of employment or lie, as for me I would lie then start a search for a new job.

I went to the doc for a routine physical recently, and they admitted some of the invasive questioning was a result of the health care act.

I would ignore the request. If my manager asked, I would orally explain that my personal medical history is private, and there's no legitimate reason for the request because I do not provide patient care.

I would also start looking for a new job. I would seriously consider not giving advance notice when I changed jobs. Texas law does not require it and a company like that hasn't earned it.

To answer the first question, DPS only releases CHL information to law enforcement agencies. Not to private companies or employers. See GC 411.192. Note, though that an investigator my make assumptions based on your membership in various clubs, such as IDPA or this website.

Lionman13 wrote:I went to the doc for a routine physical recently, and they admitted some of the invasive questioning was a result of the health care act.

Differentiate between questions your healthcare provider is encouraged to ask and questions they're required to ask. Do you have to answer?

The scottmeador has no choice but to answer these questions as a condition of employment. That's much more invasive. It's hard for me to think of an occupation where all of this information is necessary.. Some of it, yes, but all...

cb1000rider wrote:

Lionman13 wrote:I went to the doc for a routine physical recently, and they admitted some of the invasive questioning was a result of the health care act.

Differentiate between questions your healthcare provider is encouraged to ask and questions they're required to ask. Do you have to answer?

The scottmeador has no choice but to answer these questions as a condition of employment. That's much more invasive. It's hard for me to think of an occupation where all of this information is necessary.. Some of it, yes, but all...

The stance of my employer is not to offend the clinical staff so it is mandatory for everyone.

Sometimes when I am asked questions such as these, by persons such as these, I just somehow answer A LOT of questions incorrectly...It's a mystery to me.

I tend to have fat finger syndrome when it comes to those questions.

If the job is worth keeping, I would seek legal advice before completing the form.

You are obviously in the medical field. The suggestion that you seek legal help with this is a good one. Your employer seems to be way overboard in asking personal questions. I have never seen anyone ask if you have a CHL as part of a job application. I wouldn't tell them anyway, that's why it's concealed. And your use of dangerous weapons?? If you are in the medical field you have access to many dangerous weapons, like syringes with hiv on them or drugs that can easily kill. I think that you will either tell a fib or find a new place of employment.

Unfortunately, my employer owns the EHR system on which most of my medical records are stored so it will be real easy for them to check.

I believe that would be a hipaa violation for them to go through your medical records unless your boss is your doctor. Big $$$ violation.

scottmeador wrote:Unfortunately, my employer owns the EHR system on which most of my medical records are stored so it will be real easy for them to check.

They shouldn't have info on the items that concerned me the most. As stated previously, I would seek legal advice before filling out the form. Perhaps a number of employees could retain the same counsel.