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Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Pr... Page 2 of 2 <br /> Yes. An employer may ask individuals who indicate a need for assistance because of a medical <br /> ,I condition to describe the type of assistance they think will be needed. One way that this can be <br /> done is by giving all employees a memo with an attached form requesting information. The <br /> employer also may have afollow-up conversation with an individual when necessary to obtain <br /> more detailed information. For example, it would be important for an employer to know whether <br /> someone who uses a wheelchair because of mobility limitations is able to walk independently, <br /> with or without the use of crutches or a cane, in an emergency situation. It also would be <br /> important for an employer to know if an individual will need any special medication, equipment, <br /> or device (e.g., an assisted wheelchair carrier strap or a mask because of a respiratory condition) <br /> in the event of an emergency. Of course, an employer is entitled only to the information <br /> necessary for it to be prepared to provide assistance. This means that, in most instances, it will <br /> be unnecessary for an employer to know the details of an individual's medical condition. <br /> 4. Who is allowed to have information about employees needing assistance in an <br /> emergency? <br /> i <br /> The ADA has provisions that require employers to keep medical information about applicants and <br /> employees confidential. These provisions, however, include an exception that allows an employer <br /> to share medical information with first aid and safety personnel. This exception would allow an <br /> employer to share information about the type of assistance an individual needs in the event of an <br /> evacuation with medical professionals, emergency coordinators, floor captains, colleagues who <br /> have volunteered to act as "buddies," building security officers who need to confirm that <br /> everyone has been evacuated, and other non-medical personnel who are responsible for ensuring <br /> safe evacuation. These individuals are entitled to the information necessary to fulfill their <br /> responsibilities under the employer's emergency evacuation plan. <br /> 1.The ADA applies to private employers with fifteen or more employees and to state and local <br /> government employers. The Rehabilitation Act applies to most federal employers, and its substantive <br /> requirements are the same as those that apply to employers covered by the ADA. <br /> 2.The Commission previously has issued more detailed guidance on related issues concerning disability- <br /> related inquiries and medical examinations of applicants and employees. See Enforcement Guidance: <br /> Preemployment Disability-Related Questions and Medical Examinations Under the Americans with <br /> Disabilities Act of 1990 (October 10, 1995) and Enforcement Guidance: Disability-Related Inquiries and <br /> Medical Examinations of Employees Under the Americans with Disabilities Act (ADA) (July 27, 2000). <br /> These and other guidances are available on this web site. <br /> More information on emergency preparedness for employees with disabilities can be found on the <br /> President's New Freedom Initiative Disability Direct web site http://www.disabilities.gov/category/6/51 <br /> and on the Job Accommodation Network's web site at <br /> http://janweb.icbi.wvu.edu/media/emergency.html. <br /> This page was last modified on October 31, 2001. <br /> Return to Home Paae <br /> http://www.eeoc.gov/facts/evacuation.html 6/14/2004 <br /> <br /> I <br /> <br />