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 71-907 - Internal Agency Use of Personally Identifiable Employee Medical Information
Current through Register Vol. 48, No. 9, September 27, 2024
A. The Principal SC/OSH Investigator shall in each instance of access be primarily responsible for assuring that personally identifiable employee medical information is used and kept secured in accordance with this Article.
B. The Principal SC/OSH Investigator, the SC/OSH Medical Records Officer, the Commissioner of Labor, and any other authorized person listed on a written access order may permit the examination or use of personally identifiable employee medical information by agency employees and contractors who have a need for access, and appropriate qualifications for the purpose for which they are using the information. No SC/OSH or federal OSHA 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 attorneys in the South Carolina Attorney General's Office and in the Office of the Solicitor of the U.S. Department of Labor, and to agency contractors who are physicians or who have contractually agreed to abide by the requirements of this subarticle and implementing agency directives and instructions.
D. SC/OSH and federal OSHA employees and contractors are only authorized to use personally identifiable employee medical information for the purpose for which it was obtained, unless the specific written consent of an employee is obtained as to a secondary purpose, or the procedures of R. 71-903 through R. 71-906 of this subarticle 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 personally identifiable form.
