Parly medical tests shock

Staff rattled by order to undergo bewildering array of tests, which a top labour expert says infringes on privacy

● Parliament has ordered its almost 1,000 support staff to undergo a bizarre range of intrusive medical tests, sparking union outrage and drawing criticism from a top labour lawyer who warned of “big privacy issues”.

The instruction to undergo tests ranging from urine analysis to gastrointestinal tract inspections and lung-function monitoring came to light in an internal memo leaked to the Sunday Times. Staff were told the procedures would start at parliament’s in-house clinic on September 30.

In addition to the full suite of medical tests, employees have been ordered to disclose all prescribed and over-the-counter medications they consume, while those living with chronic conditions or disabilities have been ordered to submit a doctor’s medical report or prognosis.

Labour law doyen Prof Halton Cheadle, one of the authors of the 1995 Labour Relations Act that ensured a better deal for workers, said parliament’s managers were “completely misinterpreting” the Occupational Health & Safety Act (OHSA).

The National Education, Health & Allied Workers Union (Nehawu) has come out swinging against the plan and intends to discuss it at a meeting tomorrow. Sthembiso Tembe, head of the union’s branch in parliament, described the mandatory tests as “intrusive, personal, private and unnecessary”. The union accused parliament of violating labour laws and instructed its members not to comply.

Dangerous occupations

Cheadle said the planned tests were usually reserved for workers in dangerous occupations.

“Basically there are three places that you have to have medical surveillance: mines — that’s in coal mines because of dust and asbestos — factories, and listed works, which are particular industries or types of work declared highly hazardous by the minister of labour.”

But Moloto Mothapo, parliament’s spokesperson, said Nehawu had been consulted on the plan and had been all for it.

“In fact, Nehawu insisted on these measures out of concern for the safety and wellbeing of its members, particularly those exposed to hazardous substances and challenging working conditions,” Mothapo said.

The Sunday Times understands that earlier this year staff who carry out interpretation tasks in parliament requested medical tests, saying the use of communal headsets, among other things, exposed them to health risks.

Mothapo said the tests were in line with the OHSA, which provided “clear instructions for workplaces, particularly regarding the health risks posed by hazardous substances and working conditions”.

“Specifically, hazardous chemical substances regulations apply to employees exposed to chemicals, particularly in areas like printing and binding or cleaning; the hazardous biological agents regulations to those working in areas such as cleaning, catering and food handling; while ergonomic regulations apply to office environments, impacting employees in departments such as the National Assembly and knowledge & information services division.

“These provisions ensure that employees are medically evaluated and monitored, particularly those identified as high risk or exposed to potential hazards. The goal is to safeguard employees’ health, prevent occupational illnesses and comply with legal obligations.”

He said should an employee’s health be found to be compromised, parliament would take steps to ensure their safety and wellbeing. This, he said, may include reassignment to a lower-risk environment, provision of medical care or other reasonable steps to support recovery and continued employment.

“The goal is not to penalise employees but to promote a safe working environment and ensure that those with health concerns are appropriately supported.”

Mothapo said parliament would ensure strict confidentiality for medical records in compliance with all relevant privacy laws, with the health data only accessible to authorised medical personnel.

A source sympathetic to the management’s decision to require testing noted that the memo had been issued three weeks ago, and questioned why it had been leaked now. Nehawu had said nothing at the time it was sent out, the source said.

Cheadle argued, however, that there is no general power under law for an employer to require such medical surveillance. It had to be linked to physical occupational risks, which did not apply in this case.

“In other words, the surveillance is riskspecific and applies only to those persons at risk,” he said. The entire workforce could not be required to undergo “a whole range of tests unrelated to the hazards” or provide a list of all the medicines they were taking.

Cheadle said medical surveillance could only take place if an occupational medical practitioner said it was necessary.

“You can’t just require everybody to have all these tests, and most of those tests have nothing to do with ergonomics. Basically, there’s no legal basis for that requirement.”

According to the leaked memo, parliament cites regulation 85 of the OHSA as requiring it to determine if staff are medically fit to perform their duties as per their job description. The tests include blood pressure; finger prick tests for blood glucose and cholesterol levels; urine analysis for glucose, leukocytes, blood, protein and PH; body mass index assessment; and eyesight.

The physical examination would cover the respiratory system; ear, nose and throat; the gastrointestinal tract; the central nervous system; and the musculoskeletal system. “Audiometric, lung function and formal vision screening testing would be conducted on employees, as per health risk assessment,” the memo says. Employees with abnormal results would be referred to their treating doctor or community health centre.

“They are required to report back to the parliament wellness clinic with their feedback letter from their doctor.”

The memo said the legislature was targeting employees working at “almost all its critical

divisions” in “high-risk job activities”.

These included catering, printing and binding, household, protection services, artworks and restoration, audiovisual and broadcasting, ICT, transport, the interpreting unit, the National Assembly desk that advises presiding officers and the knowledge & information services division.

Nehawu’s Tembe said: “Of concern is the fact that there is no such medical examination when we get employed in parliament. I might have been employed with such a disease and it has never affected my performance, all of a sudden you will be told that you are not medically fit.”

He maintained there had been no prior consultation with the union, as required by its recognition agreement signed with the management.

Cheadle said an employer was required to provide staff who work in an office and spend a lot of time sitting with an ergonomic or orthopaedic chair to prevent backache. “But none of this has anything to do with blood pressure, so it’s completely misplaced.”

The goal is not to penalise employees but to promote a safe working environment and ensure that those with health concerns are appropriately supported

Moloto Mothapo, parliament’s spokesperson