South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 9 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ACCESS TO EMPLOYEE MEDICAL RECORDS
Section 71-901 - Scope and Application

A. Except as provided in paragraphs C through F below, this regulation applies to all requests by SC/OSH personnel and by federal OSHA personnel to obtain access to records in order to examine or copy personally identifiable employee medical information, whether or not pursuant to the access provisions of Article 6, Section 1910.20(e).

B. For the purposes of this subarticle, "personally identifiable employee medical information" means employee medical information accompanied by either direct identifier (name, address, social security number, payroll number, etc.) or by information which could reasonably be used in the particular circumstances indirectly to identify specific employees (e.g., exact age, height, weight, race, sex, date of initial employment, job title, etc.)

C. This subarticle does not apply to OSHA access to, or the use of, aggregate employee medical information or medical records on individual employees which is not in a personally identifiable form. This subarticle does not apply to records required by Subarticle 3, to death certificates, or to employee exposure records, including biological monitoring records treated by Subarticle 6, Section 1910.20(c)(5) or by specific occupational safety and health standards as exposure records.

D. This subarticle does not apply where OSHA compliance personnel conduct an examination of employee medical records solely to verify employer compliance with the medical surveillance recordkeeping requirements of an occupational safety and health standard, or with Subarticle 6, Section 1910.20. An examination of this nature shall be conducted on-site, and, if requested, shall be conducted under the observation of the recordholder. The OSHA compliance personnel shall not record and take off-site any information from medical records other than documentation of the fact of compliance or non-compliance.

E. This subarticle does not apply to agency access to, or the use of, personally identifiable employee medical information obtained in the course of litigation.

F. This subarticle does not apply where a written directive by the Commissioner of Labor authorizes appropriately qualified personnel to conduct limited reviews of specific medical information mandated by an occupational safety and health standard, or of specific biological monitoring test results.

G. Even if not covered by the terms of this subarticle, all medically related information reported in a personally identifiable form shall be handled with appropriate discretion and care befitting all information concerning specific employees. There may, for example, be personal privacy interest involved which militate against disclosure of this kind of information to the public.