S.C. Code Regs. § § 71-902

Current through Register Vol. 48, No. 10, October 25, 2024

Section 71-902 - Responsible Persons

A. Commissioner of Labor. The Commissioner of Labor, State of South Carolina, shall be responsible for the overall administration and implementation of the procedures contained in this subarticle, including making final SC/OSH determinations concerning:

(1) Access to personally identifiable employee information (R. 71-903), and

(2) inter-agency and federal agency transfer or public disclosure of personally identifiable employee medical information (R71-912).

B. SC/OSH Medical Records Officer. The Commissioner of Labor shall designate an SC/OSH official with experience or training in the evaluation, use, and privacy protection of medical records to be the SC/OSH Medical Records Officer. The SC/OSH Medical Records Officer shall report directly to the Commissioner of Labor on matters concerning this subarticle and shall be responsible for:

(1) making recommendations to the Commissioner of Labor as to the approval or denial of written access orders (R. 71-903),

(2) assuring that written access orders meet the requirements of R. 71-903B and R. 71-903C of this subarticle,

(3) responding to employee collective bargaining agent, and employer objections concerning written access orders (R. 71-905),

(4) regulating the use of direct personal identifiers (R. 71-906),

(5) regulating internal agency use and security of personally identifiable employee medical information (R. 71-907 through R. 71-909),

(6) assuring that the results of agency analyses of personally identifiable medical information are, where appropriate, communicated to employees (R. 71-910),

(7) preparing an annual report of SC/OSH's experience under this subarticle (R. 71-911), and

(8) assuring that advance notice is given of intended inter-agency or federal agency transfers or public disclosures (R. 71-912).

C. Principal SC/OSH Investigator. The Principal SC/OSH Investigator shall be the SC/OSH employee in each instance of access to personally identifiable employee medical information who is made primarily responsible for assuring that the examination and use of this information is performed in the manner prescribed by a written access order and the requirements of this subarticle (R. 71-904 through R. 71-912). When access is pursuant to a written access order, the Principal SC/OSH Investigator shall be professionally trained in medicine, public health, or allied fields (epidemiology, toxicology, industrial hygiene, biostatistics, environmental health, etc.).

S.C. Code Regs. § 71-902