Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS
Chapter 55 - RULES OF HIOSH PRACTICE AND PROCEDURE CONCERNING HIOSH ACCESS TO EMPLOYEE MEDICAL RECORDS
Section 12-55-10 - Presentation of written access order and notice to employees

(a) The principal HIOSH investigator, or someone under the investigator's supervision, shall present at least two copies each of the written access order and an accompanying cover letter to the employer prior to examining or obtaining medical information subject to a written access order. At least one copy of the written access order shall not identify specific employees by direct personal identifier. The accompanying cover letter shall summarize the requirements of this section and indicate that questions or objections concerning the written access order may be directed to the HIOSH principal investigator or to the HIOSH medical records officer.

(b) The principal HIOSH investigator shall promptly present a copy of the written access order (which does not identify specific employees by direct personal identifier) and its accompanying cover letter to each designated representative of the employees whose medical records are subject to the written access order.

(c) The principal HIOSH investigator shall indicate that the employer must promptly post a copy of the written access order which does not identify specific employees by direct personal identifier, as well as post its accompanying cover letter. See section 1910.1020.

(d) The principal HIOSH investigator shall discuss with any collective bargaining agent and with the employer the appropriateness of individual notice to employees affected by the written access order. Where it is agreed that individual notice is appropriate, the principal HIOSH investigator shall promptly provide to the employer an adequate number of copies of the written access order (which does not identify specific employees by direct personal identifier) and its accompanying cover letter to enable the employer either to individually notify each employee or to place a copy in each employee's medical file.