So, now what?
07-13-2015 | 07:35 AM
#81
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Gets Weekends Off
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From: 765-A
07-13-2015 | 07:36 AM
#82
Gets Weekends Off
Joined: Apr 2008
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From: LAX ERA
It was put out.
This letter follows up on the discussions we had during and following our negotiations regarding sick leave and, in particular, questions surrounding the confidentiality of medical information provided to the Company under the new Section 14 verification and medical release provisions.
In the provisions contained in Section 14 F. of the tentative agreement (“TA”) and currently pending membership ratification, pilots who are required to provide verification of sickness will submit such verification to the Company’s Director – Health Services (“DHS”). The DHS will receive and maintain a pilot’s medical information, including such verifications, in a manner that ensures appropriate privacy safeguards and is compliant with the health care provider privacy/disclosure protections of the Health Insurance Portability and Accountability Act (HIPAA) provided in the attached technical, physical, and administrative safeguards that the Company will adopt and implement. The DHS will not share any identified medical information received as part of the verification provisions of Section 14 F. outside of the health services department, except as expressly provided in Section 14 G. (i.e., unless and until a medical release has been sought under the provisions of Section 14 G. and thereafter the medical release is expanded to include the SVP – Flight Operations under Section 14 G. 3.) Furthermore, the Company will not share outside of Delta, including to the FAA, medical information received as part of the verification provisions of Section 14 F., or the medical release provisions of Section 14 G., unless: (1) required by subpoena, court order or legal process; or (2) when specifically permitted by the pilot’s authorization for release of protected health information consistent with the health care provider privacy/disclosure protections of HIPAA.
This letter follows up on the discussions we had during and following our negotiations regarding sick leave and, in particular, questions surrounding the confidentiality of medical information provided to the Company under the new Section 14 verification and medical release provisions.
In the provisions contained in Section 14 F. of the tentative agreement (“TA”) and currently pending membership ratification, pilots who are required to provide verification of sickness will submit such verification to the Company’s Director – Health Services (“DHS”). The DHS will receive and maintain a pilot’s medical information, including such verifications, in a manner that ensures appropriate privacy safeguards and is compliant with the health care provider privacy/disclosure protections of the Health Insurance Portability and Accountability Act (HIPAA) provided in the attached technical, physical, and administrative safeguards that the Company will adopt and implement. The DHS will not share any identified medical information received as part of the verification provisions of Section 14 F. outside of the health services department, except as expressly provided in Section 14 G. (i.e., unless and until a medical release has been sought under the provisions of Section 14 G. and thereafter the medical release is expanded to include the SVP – Flight Operations under Section 14 G. 3.) Furthermore, the Company will not share outside of Delta, including to the FAA, medical information received as part of the verification provisions of Section 14 F., or the medical release provisions of Section 14 G., unless: (1) required by subpoena, court order or legal process; or (2) when specifically permitted by the pilot’s authorization for release of protected health information consistent with the health care provider privacy/disclosure protections of HIPAA.
Ferd
07-13-2015 | 07:42 AM
#83
Gets Weekends Off
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TECHNICAL, PHYSICAL AND ADMINISTRATIVE SAFEGUARDS FOR MEDICAL INFORMATION PROVIDED BY PILOTS UNDER PWA SECTION 14
The following list contains the technical, physical, and administrative safeguards the Company will implement for information provided by pilots under PWA Section 14 verification and medical release provisions and that are compliant with the health care provider privacy/disclosure protections of the Health Insurance Portability and Accountability Act (HIPAA).
1. Medical information provided by pilots under PWA Section 14 will be maintained in the office of the Director – Health Services (the “DHS office) which will be located in a locked area with limited access.
2. The DHS Office will secure paper records containing medical information provided by pilots or their health providers for the purposes of sick verification or pursuant to a medical release (the “Records”) in a locked filing cabinet that is accessible to only authorized users in order to prevent unauthorized access. Written protocols will be developed to address the process of identifying and approving authorized users.
3. Electronic Records will be secured by implementing controls to limit access to only authorized users with a need to access such records, including:
• Deactivation of an authorized user’s access to electronic Records when such user is reassigned to another job function or such user resigns, retires or is terminated.
• Annual review of authorized users to verify such users still require access to Records.
• Written protocols to address prohibition against removal of Records from the DHS office via hard copy, fax, removable media, or personal email.
• Require laptops and personal handheld devices on which Records may be accessed or stored to be password protected.
• Authorized users of electronic Records will be assigned a user name and be required to change their password on a periodic basis.
• Written protocols to address procedures for changing and safeguarding passwords, and sanctions for sharing of passwords. These protocols will follow the procedures established by the Delta Information Technology (IT) department with respect to other confidential information retained by Delta
Written protocols to address accessing Records only for identified authorized purposes.
• Audit of electronic Records to verify access by only authorized users for authorized purposes consistent with Delta’s IT policies and practices regarding similar records.
4. DHS staff and authorized users will be trained on the privacy and security of Records upon hire and annually thereafter.
5. DHS staff and authorized users will be trained on written protocols on disciplinary action for noncompliance with protocols for Records.
6. Privacy and security reminders will be posted in the DHS office.
7. A Records Officer, who is responsible for supervision of DHS staff and authorized users, will be appointed for enforcement of protocols. Such Records Officer will be the point of contact for reports of concerns regarding the privacy and/or security of Records.
8. Periodic assessment to identify external threats to security of the information system (viruses, malware, hacking) consistent with the assessments performed by Delta with respect to Delta’s other electronic information.
9. Anti-virus and anti-malware protection software on computers used to access Records will be routinely updated.
10. Unsuccessful log-ins or attempts to access Records will be monitored consistent with processes used by Delta for this purpose regarding other stored electronic information.
11. Written protocols will be developed to address persons to contact in the event of a suspected breach of security of Records.
12. Encryption of electronic Records at rest on information system.
13. Destruction of Records (electronic and paper) in accordance with Delta’s record retention policy for similar documents.
07-13-2015 | 07:49 AM
#84
Gets Weekends Off
Joined: Apr 2008
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From: LAX ERA
They put out a two page long follow on letter detailing the mechanics of who would have access.
TECHNICAL, PHYSICAL AND ADMINISTRATIVE SAFEGUARDS FOR MEDICAL INFORMATION PROVIDED BY PILOTS UNDER PWA SECTION 14
The following list contains the technical, physical, and administrative safeguards the Company will implement for information provided by pilots under PWA Section 14 verification and medical release provisions and that are compliant with the health care provider privacy/disclosure protections of the Health Insurance Portability and Accountability Act (HIPAA).
1. Medical information provided by pilots under PWA Section 14 will be maintained in the office of the Director – Health Services (the “DHS office) which will be located in a locked area with limited access.
2. The DHS Office will secure paper records containing medical information provided by pilots or their health providers for the purposes of sick verification or pursuant to a medical release (the “Records”) in a locked filing cabinet that is accessible to only authorized users in order to prevent unauthorized access. Written protocols will be developed to address the process of identifying and approving authorized users.
3. Electronic Records will be secured by implementing controls to limit access to only authorized users with a need to access such records, including:
• Deactivation of an authorized user’s access to electronic Records when such user is reassigned to another job function or such user resigns, retires or is terminated.
• Annual review of authorized users to verify such users still require access to Records.
• Written protocols to address prohibition against removal of Records from the DHS office via hard copy, fax, removable media, or personal email.
• Require laptops and personal handheld devices on which Records may be accessed or stored to be password protected.
• Authorized users of electronic Records will be assigned a user name and be required to change their password on a periodic basis.
• Written protocols to address procedures for changing and safeguarding passwords, and sanctions for sharing of passwords. These protocols will follow the procedures established by the Delta Information Technology (IT) department with respect to other confidential information retained by Delta
Written protocols to address accessing Records only for identified authorized purposes.
• Audit of electronic Records to verify access by only authorized users for authorized purposes consistent with Delta’s IT policies and practices regarding similar records.
4. DHS staff and authorized users will be trained on the privacy and security of Records upon hire and annually thereafter.
5. DHS staff and authorized users will be trained on written protocols on disciplinary action for noncompliance with protocols for Records.
6. Privacy and security reminders will be posted in the DHS office.
7. A Records Officer, who is responsible for supervision of DHS staff and authorized users, will be appointed for enforcement of protocols. Such Records Officer will be the point of contact for reports of concerns regarding the privacy and/or security of Records.
8. Periodic assessment to identify external threats to security of the information system (viruses, malware, hacking) consistent with the assessments performed by Delta with respect to Delta’s other electronic information.
9. Anti-virus and anti-malware protection software on computers used to access Records will be routinely updated.
10. Unsuccessful log-ins or attempts to access Records will be monitored consistent with processes used by Delta for this purpose regarding other stored electronic information.
11. Written protocols will be developed to address persons to contact in the event of a suspected breach of security of Records.
12. Encryption of electronic Records at rest on information system.
13. Destruction of Records (electronic and paper) in accordance with Delta’s record retention policy for similar documents.
TECHNICAL, PHYSICAL AND ADMINISTRATIVE SAFEGUARDS FOR MEDICAL INFORMATION PROVIDED BY PILOTS UNDER PWA SECTION 14
The following list contains the technical, physical, and administrative safeguards the Company will implement for information provided by pilots under PWA Section 14 verification and medical release provisions and that are compliant with the health care provider privacy/disclosure protections of the Health Insurance Portability and Accountability Act (HIPAA).
1. Medical information provided by pilots under PWA Section 14 will be maintained in the office of the Director – Health Services (the “DHS office) which will be located in a locked area with limited access.
2. The DHS Office will secure paper records containing medical information provided by pilots or their health providers for the purposes of sick verification or pursuant to a medical release (the “Records”) in a locked filing cabinet that is accessible to only authorized users in order to prevent unauthorized access. Written protocols will be developed to address the process of identifying and approving authorized users.
3. Electronic Records will be secured by implementing controls to limit access to only authorized users with a need to access such records, including:
• Deactivation of an authorized user’s access to electronic Records when such user is reassigned to another job function or such user resigns, retires or is terminated.
• Annual review of authorized users to verify such users still require access to Records.
• Written protocols to address prohibition against removal of Records from the DHS office via hard copy, fax, removable media, or personal email.
• Require laptops and personal handheld devices on which Records may be accessed or stored to be password protected.
• Authorized users of electronic Records will be assigned a user name and be required to change their password on a periodic basis.
• Written protocols to address procedures for changing and safeguarding passwords, and sanctions for sharing of passwords. These protocols will follow the procedures established by the Delta Information Technology (IT) department with respect to other confidential information retained by Delta
Written protocols to address accessing Records only for identified authorized purposes.
• Audit of electronic Records to verify access by only authorized users for authorized purposes consistent with Delta’s IT policies and practices regarding similar records.
4. DHS staff and authorized users will be trained on the privacy and security of Records upon hire and annually thereafter.
5. DHS staff and authorized users will be trained on written protocols on disciplinary action for noncompliance with protocols for Records.
6. Privacy and security reminders will be posted in the DHS office.
7. A Records Officer, who is responsible for supervision of DHS staff and authorized users, will be appointed for enforcement of protocols. Such Records Officer will be the point of contact for reports of concerns regarding the privacy and/or security of Records.
8. Periodic assessment to identify external threats to security of the information system (viruses, malware, hacking) consistent with the assessments performed by Delta with respect to Delta’s other electronic information.
9. Anti-virus and anti-malware protection software on computers used to access Records will be routinely updated.
10. Unsuccessful log-ins or attempts to access Records will be monitored consistent with processes used by Delta for this purpose regarding other stored electronic information.
11. Written protocols will be developed to address persons to contact in the event of a suspected breach of security of Records.
12. Encryption of electronic Records at rest on information system.
13. Destruction of Records (electronic and paper) in accordance with Delta’s record retention policy for similar documents.
As I said, I wrote and asked PO and another good P2P guy I know, and all either would/could tell me was it wasn't Segwick.
Anyway, moot now eh?
07-13-2015 | 08:33 AM
#86
Thread Starter
Gets Weekends Off
Joined: Feb 2007
Posts: 6,844
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From: 765-A
If they wanted to stop people from calling in sick, then well, so they could fly green slips, they could have just prohibited that practice. It's not that hard.
The problem is, they are so short, they need people to fly whenever they can.
That new TA policy was simply designed to intimidate people into coming to work when they normally wouldn't.
07-13-2015 | 08:49 AM
#87
Gets Weekends Off
Joined: May 2012
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Yes, very nice....Ive read that a couple of time. It never says who the DHS staff will be. Only the DHS (the AME) and an implication on the Records Officer being Delta employees, but that's it.
As I said, I wrote and asked PO and another good P2P guy I know, and all either would/could tell me was it wasn't Segwick.
As I said, I wrote and asked PO and another good P2P guy I know, and all either would/could tell me was it wasn't Segwick.
Yep. This. Plus:
It keeps talking about "DHS staff AND authorized users." Well who are these potential other "authorized users?" Are there any retrictions on who those "authorized users" are?
Just like the contract section that stated "DHS or it's designee...."
07-13-2015 | 10:25 AM
#88
Gets Weekends Off
Joined: Sep 2010
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From: A330 A
The fallacy was that the TA policy was about the sick leave abusers. It's wasn't.
If they wanted to stop people from calling in sick, then well, so they could fly green slips, they could have just prohibited that practice. It's not that hard.
The problem is, they are so short, they need people to fly whenever they can.
That new TA policy was simply designed to intimidate people into coming to work when they normally wouldn't.
If they wanted to stop people from calling in sick, then well, so they could fly green slips, they could have just prohibited that practice. It's not that hard.
The problem is, they are so short, they need people to fly whenever they can.
That new TA policy was simply designed to intimidate people into coming to work when they normally wouldn't.
07-13-2015 | 10:29 AM
#89
On Reserve
Joined: Jun 2015
Posts: 11
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The fallacy was that the TA policy was about the sick leave abusers. It's wasn't.
If they wanted to stop people from calling in sick, then well, so they could fly green slips, they could have just prohibited that practice. It's not that hard.
The problem is, they are so short, they need people to fly whenever they can.
That new TA policy was simply designed to intimidate people into coming to work when they normally wouldn't.
If they wanted to stop people from calling in sick, then well, so they could fly green slips, they could have just prohibited that practice. It's not that hard.
The problem is, they are so short, they need people to fly whenever they can.
That new TA policy was simply designed to intimidate people into coming to work when they normally wouldn't.
07-13-2015 | 02:18 PM
#90
Thread Starter
Gets Weekends Off
Joined: Feb 2007
Posts: 6,844
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From: 765-A
I think we should avoid abrogating seniority is probably the worst thing you could do in any agreement.
The sick policy was horrendous, as well.
Scope and JV language were unacceptable, too.
An 8% raise in exchange for profit sharing sucked, too.
Hell! I can't narrow them down to just one choice!
They were all equally bad. All of them have to go.
