Current through Register Vol. 48, No. 9, September 27, 2024
A. Requirement
for written access order. Except as provided in paragraph D of this regulation,
each request by an SC/OSH or federal OSHA representative to examine or copy
personally identifiable employee medical information contained in a record held
by an employer or other recordholder shall be made pursuant to a written access
order which has been approved by the Commissioner of Labor upon the
recommendation of the SC/OSH Medical Records Officer. If deemed appropriate, a
written access order may constitute, or be accompanied by, an administrative
subpoena.
B. Approval criteria for
written access order. Before approving a written access order, the Commissioner
of Labor and the SC/OSH Medical Records Officer shall determine that:
(1) The medical information to be examined or
copied is relevant to a statutory purpose and there is a need to gain access to
this personally identifiable information, and
(2) the personally identifiable medical
information to be examined or copied is limited to only that information needed
to accomplish the purpose for access, and
(3) the personnel authorized to review and
analyze the personally identifiable medical information are limited to those
who have a need for access and have appropriate professional
qualifications.
C.
Content of written access order. Each written access order shall state with
reasonable particularity:
(1) The statutory
purpose for which access is sought,
(2) A general description of the kind of
employee medical information that will be examined and why there is a need to
examine personally identifiable information,
(3) Whether medical information will be
examined on-site, and what type of information will be copied and removed
off-site,
(4) The name, address,
and phone number of the Principal SC/OSH Investigator or federal Principal OSHA
Investigator and the names of any other authorized persons who are expected to
review and analyze the medical information,
(5) The name, address, and phone number of
the SC/OSH Medical Records Officer or the federal OSHA Medical Records Officer,
and
(6) The anticipated period of
time during which SC/OSH or federal OSHA expects to retain the employee medical
information in a personally identifiable form.
D. Special situations. Written access orders
need not be obtained to examine or copy personally identifiable employee
medical information under the following circumstances:
(1) Specific written consent. If the specific
written consent of an employee is obtained pursuant to Subarticle 6, Section
1910.20(e)(2)(ii), and the agency or an agency 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 SC/OSH Investigator
shall be promptly named to assure protection of the information, and the SC/OSH
Medical Records Officer shall be notified of this person's identify. The
personally identifiable medical information obtained shall thereafter be
subject to the use and security requirements of R.
71-907
through R.
71-912
of this subarticle.
(2) Physician
consultations. A written access order need not be obtained where an SC/OSH or
federal OSHA staff or contact physician consults with an employee's physician
concerning an occupational safety and health issue. In a situation of this
nature, the SC/OSH or federal OSHA physician may conduct on-site evaluation of
employee medical records in consultation with the employer's physician, and may
make necessary personal notes of his or her findings. No employee medical
records, however, 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 SC/OSH or
federal OSHA physician shall leave his or her control without the permission of
the SC/OSH Medical Records Officer.
