HAR §12-55-2. Scope and application

(a) This chapter establishes procedures to implement the general policy. (b) This chapter applies to all requests by HIOSH personnel to obtain access to records in order to examine or copy personally identifiable employee medical information, whether or not pursuant to the access provision of section 1910.1020. (c) This chapter does not apply to HIOSH access to, or the use of, aggregate employee medical information or medical records on individual employees which are not in a personally identifiable form nor to records required by chapter 12-52.1, to death certificates, nor to employee exposure records, including biological monitoring records treated by section 1910.1020, or by specific occupational safety and health standards such as exposure records. (d) This chapter does not apply where HIOSH 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 section 1910.1020. An examination of this nature shall be conducted on-site and, if requested, shall be conducted under the observation of the recordholder. The HIOSH 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 chapter does not apply to HIOSH access to, or the use of, personally identifiable employee medical information obtained in the course of litigation. (f) This chapter does not apply where a written directive by the director 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 chapter, 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 be, for example, personal privacy interests involved which militate against disclosure of this kind of information to the public. [Eff. 7/12/82; am 8/15/87; am 2/13/12] (Auth: HRS §396-4) (Imp: HRS §396-4)