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 12-55-13 - Internal agency use of personal identifiable employee medical information

(a) The principal HIOSH investigator shall in each instance of access be primarily responsible for ensuring that personally identifiable employee medical information is used and kept secured in accordance with this section.

(b) The principal HIOSH investigator, the HIOSH medical records officer, the director, and any other authorized person listed on a written access order may permit the examination or use of personal identifiable employee medical information by HIOSH employees and contractors who have a need for access, and appropriate qualifications, for the purpose for which they are using the information. No HIOSH employee or contractor is authorized to examine or otherwise use personally identifiable employee medical information unless so permitted.

(c) Where a need exists, access to personally identifiable employee medical information may be provided to the attorney general and to HIOSH contractors who are physicians or who have contractually agreed to abide by the requirements of this section, implementing HIOSH directives, and HIOSH instructions.

(d) HIOSH employees and contractors are only authorized to use personal identifiable employee medical information for the purposes for which it was obtained, unless the specific written consent of an employee is obtained as to a secondary purpose, or the procedures of sections 12-55-6 through 12-5512 are repeated with respect to the secondary purpose.

(e) Whenever practicable, the examination of personally identifiable employee medical information shall be performed on-site with a minimum of medical information taken off-site in a personal identifiable form.