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2 February, 2022
Dear Member;
Privacy of Employees who are Rapid Testing
When Manitoba Hydro introduced their Safe4work application On December 1, 2021, as part of their vaccination policy (P613), we heard from several members concerning their privacy. Later in December we became aware that Manitoba Hydro had created a report titled RAPID SCREENING REPORT - NOT CLEARED FOR WORK.
Employees who had opted for testing and for various reasons became not clear for work were being placed on a list. Concerned for members privacy, the IBEW met with the Corporation to discuss the list. What we learned was that the company didn’t feel that identifying employees who were rapid testing was Personal Health Information. We also learned that approximately 700 employees (supervisors, managers, directors, vice-presidents, and their administrative staff) had access to this report.
Under corporate policy and provincial legislation, personal and personal health information, should be restricted to only those who need to know. In some examples provided to us by the Corporation, as many as ten (10) line management positions had access to one (1) employee’s not-clear status.
As a result, the IBEW filed a policy grievance and a complaint to the Provincial Ombudsman. While the grievance was DENIED through the internal grievance process, it was forwarded to the Manitoba Labour Board as an expedited arbitration. The Board appointed a mediator to attempt to resolve the matter.
The mediation commenced on January 27th and a Memorandum of Settlement between the parties was signed on January 31, 2022. Some of the highlights include the following:
- Manitoba Hydro acknowledges that employees undergoing rapid testing is Personal Health Information.
- There will be mandatory training training on PHIA for leaders with access to the Not Cleared for Work report within 2 weeks.
- Hydro will send a communication to all IBEW members whose personal health information was disclosed by no later than 4:00 p.m.on January 2, 2022.
- The IBEW agrees to withdraw policy grievance 2021-74 and not to file further policy grievances of a similar nature concerning issues related to the Not Clear for Work report up to the date of the settlement.
In addition to the above, the IBEW is not precluded from filing individual grievances on behalf of members who have had their Personal Health Information disclosed. While we have heard from several members, this is personal health information and we do not have the names of members whose personal information has been breached. If you have received a letter from Manitoba Hydro earlier today, this means that your personal health information has been breached.
What should you do if you received a letter? If you are not concerned with the breach, you don’t need to take any action. If you do have concerns about this breach, (and we know some members have filed complaints to the Corporate Integrity Officer and to the provincial Ombudsman), the IBEW can investigate your concerns and file an individual grievance on your behalf.
Through the grievance/arbitration process, if it’s found that the company acted recklessly or willfully, and that you suffered harm such as mental anguish, you may be awarded financial damages.
Should you wish to have your concerns investigated, please email the union office with as many details as possible at ibew@ibew2034.com .
In solidarity,
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