Can we ban employee with Hepatitis C from CPR class? 12-10-2008

I have an employee that works for me in a shift leadership position. Recently we were told that CPR/First Aid was mandatory for the Emergency Response Team. Last night this individual was called by the Plant Manager and was told that several shift individuals went to him with concerns about her having Hepatitis C and her giving CPR, so she was told that she could do the First Aid portion of the class, but she could not do the CPR portion. This individual was very upset over it with good reason, she knows the risks and how to prevent its spread. I have done some research on it, contacted HR and told them that I personally feel this is profiling the individual and that the people should be educated on it. Due to HIPAA standards would this be a violation of it, even if the individual herself came forward to educate people on it?

Ann Kiernan Replies:

According to the Centers for Disease Control, there are no reported cases of either hepatitis or HIV transmission through mouth-to-mouth CPR. So, as long as the CPR instructor is using the standard universal precautions (mouth barrier, gloves, etc.) there is no reason she can't take this course safely.

You are quite right to suggest that this is a teachable moment for your employees. First, co-workers' medical histories are nobody's business. Employees should be counseled to protect the privacy of their colleagues. Second, if she is willing to help educate her colleagues about hepatitis and blood-borne pathogen protection, she is agreeing to disclose her HCV+ status, so there is no HIPAA or ADA privacy violation. There are educational materials available from the CDC that you may want to use.

Good luck!

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