United States v. Westinghouse Electric Corporation

In 1978 the National Institute for Occupational Safety and Health (NIOSH) (plaintiff) received a request to investigate the conditions of a plant operated by the Westinghouse Electric Corporation (the corporation) (defendant). The request informed NIOSH that several of the corporation’s employees were suffering allergic reactions from working at the plant. NIOSH conducted an inspection and believed that the chemical hexahydrophthalic anhydride (HHPA) was causing the allergic reactions. NIOSH then requested that the corporation provide the medical records of the employees who worked in the area of the plant believed to have high levels of HHPA. The corporation refused to provide the medical records on the ground of confidentiality. After multiple correspondences, the corporation provided NIOSH with a list of the employees but refused to provide any additional information. In response, NIOSH issued a subpoena. The corporation refused to comply with the subpoena, but informed NIOSH that it would produce the requested medical records upon each employee’s written informed consent and NIOSH’s assurance that the government would not disclose any information obtained to third parties. NIOSH then filed an action in federal district court for a court order requiring the corporation’s compliance with the subpoena. The district court returned a verdict in favor of NIOSH. The matter was appealed to the United States Court of Appeals for the Third Circuit.