Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.22 - Personally Identifiable Employee Medical Information
Section 09.12.22.02 - Scope and Application
Universal Citation: MD Code Reg 09.12.22.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. Except as provided in §B of this regulation, this chapter applies to a request by MOSH inspection personnel to access records for the purpose of examining or copying personally identifiable employee medical information, whether or not the request is made under the access provisions of 29 CFR § 1910.1020(e)(3).
B. This regulation does not apply when:
(1) MOSH inspection personnel:
(a) Conduct an examination of employee
medical records solely to verify employer compliance with the medical
surveillance record-keeping requirements of an occupational safety and health
standard or with 29 CFR
§ 1910.1020;
(b) Conduct the examination:
(i) On-site, and
(ii) If requested, under the observation of
the record holder; and
(c) Do not record and take offsite any
information from medical records other than documentation of the fact of
compliance or noncompliance; or
(2) A written directive by the Commissioner
authorizes appropriately qualified personnel to conduct limited reviews of:
(a) Specific medical information mandated by
an occupational safety and health standard; or
(b) Specific biological monitoring test
results.
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