Medical Care Law

Chapter 15 - Occupational Medicine And Disability Law

Highlights

Occupational medicine poses difficult conflicts of interest between practitioners and employees.

The laws governing the physician-patient relationship are modified in occupational medicine.

Occupational medicine practitioners must understand the applicable state and federal laws.

Occupational medical records in private offices are subject to inspection by OSHA and labor unions.

Communicable diseases pose special workplace risks.

Introduction

Legal And Ethical Problems In Occupational Medicine

Return to Work Certifications

Release from Work Certifications

Workers' Compensation

The Payment System

Work Relatedness

Emergency Treatment

Reporting

Records

Dealing With Osha

Employee Medical Information

Defining OSHA-Regulated Occupational Medicine

Employee Medical Records

Authorization To Release Covered Records

Physical Access to Records

Limitations on Access to Medical Records

Preservation of Records

OSHA 300 Log

Recordable Injuries

Material Safety Data Sheets

Trade Secrets

Drug Testing

Occupational Medicine For Health Care Organizations

The Americans With Disabilities Act

Findings and Purpose

(a) Findings

(b) Purpose

Predecessor Legislation

Ada-Defined Disability

Exemptions

What Is a Major Life Activity?

The Majority Opinion

The Dissent on Major Life Activity

Unanswered Questions

Preemployment Medical Examinations

Allowable Examinations

Preemployment Examination Records

New Duties for Occupational Medicine Physicians

Persons with Known Disabilities

Collective Bargaining and the ADA

Direct Threats to Health and Safety

The Legal Risks Of The Ada

Drug and Alcohol Testing under the ADA

Pregnant Workers under the ADA

Disability Insurance Evaluations

Social Security Disability

SSA Disability or SSI

How To Qualify

Listing of Impairments

Residual Functional Capacity

Other Program Requirements

Social Factors

Medicare and Medicaid

Private Disability Insurance

Determining Disability: Workers' Compensation Versus Ada

Communicable Diseases In The Workplace

The Increase of Communicable Diseases in the Workplace

Immunizations and Antibiotic Misuse

Immunosuppression

The Legal Risks of Communicable Diseases

Third-Party Liability

Productivity

Communicable Diseases as a Handicap or Disability

Additional Requirements of the ADA

The Elements Of A Communicable Disease Policy

Nature of the Risk

Methods of Transmission

Airborne

Fomites

Foodborne

Insect Vectors

Sexually Transmitted Diseases

Bloodborne

Direct Contact

Duration of the Risk

Severity

Probability of Transmission and Complications

Federal and State Requirements

Identifying Employees at Risk or Who Pose Risks

The Special Problems of Immunosuppression

Bloodborne Pathogens

Health Care Organizations

The Reach of the Regulations

Tuberculosis Control

References

Suggested Readings

Health Care Organizations

Americans with Disabilities Act

General Occupational Medicine