Tuesday, 20 August 2024
A proposed overhaul of privacy laws does not go far enough to stop employers demanding invasive medical tests from prospective employees, warns a new report by the Australia Institute’s Centre for Future Work.
It interviewed workers in the mining and resources sector who were told they needed to provide blood samples, including to assess cardiovascular risk and to meet undefined ‘legal obligations’, to be considered for work.
The report, No blood – No job, warned the government’s proposed changes to the Privacy Act did not go far enough. It called for further reforms to strengthen workers’ rights to withhold sensitive personal information from employers.
Key points:
- Workers applying to work on mine construction sites, and in oil and gas exploration, were told the tests may relate to cardiovascular risks or to meet undefined legal obligations.
- In one instance, a worker was required to undergo a blood test when transferring between companies even though they would be doing the same job at the same location. After undergoing initial blood tests, one man was required to undergo further testing at his own cost.
- Workers were asked to sign consent forms that placed no restrictions on the use of the information provided to the company.
- While information provided to a prospective employer is covered by the Privacy Act, employee records are not. The government should scrap this exemption or introduce comprehensive privacy protections for workers under the Fair Work Act.
- The proposed ‘fair and reasonable’ test for the collection, use and disposal of sensitive personal information should be expanded to give workers and their representatives a role in determining what employers can ask for and how it is used.
“No worker should have to choose between a blood test and a job. Employers should not be able to routinely demand sensitive medical information from workers. They must be required to prove there is a genuine need for this information and it should only be sought as a last resort,” said Centre for Future Work Senior Researcher Dr Lisa Heap.
“This is not just limited to the mining industry – we’ve found examples of companies promoting the use of invasive testing services to employers in all industries and for all jobs.
“The government’s proposed Privacy Act reforms are a positive start, but do not go far enough to give workers genuine control over their sensitive personal information.
“There is a patchwork of different rules and requirements that depend on factors like the size of an organisation and whether someone is an employee, contractor or prospective employee.
“This makes it really difficult for workers to understand what information they are legally required to provide to an employer and when they can say no.
“One of the workers we interviewed declined the blood tests and was immediately removed from the recruitment process. Another agreed, only to be required to pay for further testing out of his own pocket.
“There needs to be limits on the kinds of sensitive information employers and other organisations can collect. Workers and their representatives should have a say in what employers can ask for and how it is used.”
For more information, contact Georgie Moore 0477 779 928
