Genetic Screening in the Workplace.15

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    ACOEM GUIDANCE STATEMENT

    Genetic Screening in the Workplace

    ACOEM Task Force on Genetic Screening in the Workplace

    The mapping and sequencing of the hu-man genome has resulted in an explo-sion of information that may ultimatelylead to improved capability for detectingdiseases or increased susceptibility to dis-ease, treatment of a wide range of diseases,and the identification of individuals atincreased risk for adverse reactions to phar-maceuticals and environmental or work-

    place chemicals. Some genetic tests arealready commercially available, eg, testswhich screen for variations in genes thatmetabolize certain pharmaceuticals andothers that identify individuals at increased

    risks of specific types of cancer. Geneticscreening offers the prospect of a new erafor prevention and treatment and a growingarray of effective new interventions. (In thefollowing discussion, the term geneticscreening and genetic testing refer tothe evaluation of genotype (ie, tests thatspecifically characterize gene or chromo-somal structure), not tests that characterize

    phenotype or evaluate function.)Genetic screening has also been ac-

    companied by some misunderstanding,mistrust, and fear that it could be usedinappropriately. Indeed, certain previoususes of genetic screening have been incon-

    sistent with good ethical standards andsound scientific practice and have led someto advocate that genetic screening betreated as a separate category with specialsafeguards. The passage of the GeneticInformation Nondiscrimination Act (GINA)of 2008 formalized many of these con-cerns, thereby establishing strict restric-tions and guidelines for the use of suchtesting in occupational settings.

    Historically, the American Collegeof Occupational and Environmental Medi-cine (ACOEM) has taken the position thatgenetic screening was not conceptually dif-

    ferent from other types of medical testingor screening and that adherence to existingethical standards, good scientific practices,and laws regulating medical confidentiality

    protected the rights of the individual appro-priately, while allowing the new informa-tion to be used to further safeguard thehealth of individuals in the workplace andelsewhere. The adoption of GINA neces-

    sarily changes that position. From a scien-tific perspective, ACOEM still regards ge-netic screening as conceptually similar toother types of medical screening. However,from a legal perspective, ACOEM recog-nizes that many of the potential uses ofgenetic screening for workplace safety pro-grams are now legally prohibited in numer-ous jurisdictions. Genetic screening may beoffered only on a voluntary basis and testresults may not be used to determine work

    practices or conditions of employment.It is imperative that practitioners of

    occupational and environmental medicine

    be well grounded in the relevant ethical,legal, social, and scientific considerationsand be prepared to offer sound advice toemployees, employers, insurance compa-nies, and regulatory agencies. For example,GINA permits voluntary testing (geneticmonitoring) that provides informationabout the biological effects of toxic sub-stances in the workplace. Similarly, GINA

    permits voluntary testing for genetic infor-mation in otherwise appropriate research

    programs, so long as the resulting geneticinformation is not used in a manner thatimpacts the tested individuals conditionsof employment.

    Although the application of geneticscreening in the workplace has been lim-ited to date (and is now severely restricted),the ethical considerations of such testing inthe workplace (and elsewhere) have beenextensively examined. ACOEM endorsesthe following guiding principles:

    Y Genetic screening must be conducted inaccordance with the law, medical ethicalstandards, and good scientific practices.

    Y Until extensively validated, geneticscreening is a form of human investiga-tion and subject to the appropriate ethi-cal and scientific controls.

    Y Due consideration should be given to thequality and reliability of the screening testsand the predictive value of the results.

    Y Caution should be exercised in the useand interpretation of screening tests.

    Y If performed, genetic screening shouldalways be accompanied by an opportu-nity to discuss the meaning of the resultswith an appropriately trained health pro-fessional.

    When consulted by employees aboutdecisions to have genetic testing performed(or seeking explanations of results per-formed apart from the workplace), occupa-

    tional physicians should candidly share, inline with these principles, the limitations oftesting and the uncertainties regarding in-terpretation of results.

    ACOEM also notes that GINA maycomplicate ethical considerations for occu-

    pational physicians and others committedto the health and safety of workers andworkplaces. It seems reasonable to expectthat in the future, some forms of genetictesting will provide a basis for more effec-tive methods to ensure the health of indi-vidual workers but that preventive actionstaken on the basis of such testing might

    violate GINA. In such situations, both act-ing on the basis of genetic information to

    better protect the workerand not actingon that information, and thereby failing to

    protect the workerwould violate stan-dards of ethical conduct. ACOEM hopesthat such potential conflicts can be preemp-tively resolved without recourse to litiga-tion and the federal court system.

    ACKNOWLEDGMENTS

    This ACOEM statement was devel-oped by ACOEMs Task Force on GeneticScreening in the Workplace under the aus-

    pices of the Council of Scientific Advisors.Task Force members were Drs. Paul

    Brandt-Rauf, David C. Deubner, BenjaminF. Withers, T. Warner Hudson, andJonathan Borak. This statement was peerreviewed by the Council and was approvedby the ACOEM Board of Directors on May1, 2010. This statement updates ACOEMs2005 genetic screening statement.

    REFERENCES

    Brandt-Rauf PW, Brandt-Rauf SI. Genetic testing inthe workplace: ethical, legal, and social implica-tions. Annu Rev Public Health. 2004;25:139

    153.British Medical Association. Population Screening

    and Genetic Testing: A Briefing on Current Pro-grammes and Technologies. London: BritishMedical Association; 2005.

    Genetic Information Nondiscrimination Act of 2008(Public Law 110233). 122 STAT. 881922.Available at: www.gpo.gov/fdsys/pkg/PLAW-110publ233/pdf/PLAW-110publ233.pdf. AccessedMay 21, 2008.

    Greely HT. Banning genetic discrimination. N EnglJ Med. 2005;353:865867.

    NIOSH. Genetics in the Workplace: Implicationsfor Occupational Safety and Health (DHHS[NIOSH] Publication Number 2010-101). Wash-ington, DC: Department of Health and HumanServices; 2009.

    Address correspondence to: ACOEM at [email protected].

    Copyright 2010 by American College of Occu-pational and Environmental MedicineDOI: 10.1097/JOM.0b013e3181ebac98

    JOEM Volume 52, Number 7, July 2010 763