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 12-55-9 - Special situations concerning written access order
Current through August, 2024
Written access orders need not be obtained to examine or copy personally identifiable employee medical information under the following circumstances:
(1) If the specific written consent of an employee is obtained pursuant to section 1910.1020, and HIOSH or a HIOSH employee is listed on the authorization as the designated representative to receive the medical information, then a written access order need not be obtained. Whenever personally identifiable employee medical information is obtained through specific written consent and taken off-site, a principal HIOSH investigator shall be promptly named to ensure protection of the information, and the HIOSH medical records officer shall be notified of this person's identity. The personally identifiable medical information obtained shall be subject to the use and security requirements of sections 12-55-13 through 12-55-18.
(2) A written access order need not be obtained where a HIOSH staff or contract physician consults with an employer's physician concerning an occupational safety or health issue. In a situation of this nature, the HIOSH physician may conduct on-site evaluation of employee medical records in consultation with the employer's physician, and may make personal notes of his or her findings. No employee medical records shall be taken off-site in the absence of a written access order or the specific written consent of an employee, and no notes of personally identifiable employee medical information made by the HIOSH physician shall leave his or her control without the permission of the HIOSH medical records officer.
