# COMAR Title 09 — Maryland Department of Labor

## Subtitle 12 — Division of Labor and Industry

### Chapter 22 — Personally Identifiable Employee Medical Information

#### Regulation .02 Scope and Application.

*COMAR 09.12.22.02*

A. Except as provided in §B of this regulation, this chapter applies to a request by MOSH inspection personnel to access records for the purpose of examining or copying personally identifiable employee medical information, whether or not the request is made under the access provisions of 29 CFR §1910.1020(e)(3).

B. This regulation does not apply when:

  (1) MOSH inspection personnel:

    (a) Conduct an examination of employee medical records solely to verify employer compliance with the medical surveillance record-keeping requirements of an occupational safety and health standard or with 29 CFR §1910.1020;

    (b) Conduct the examination:

      (i) On-site, and

      (ii) If requested, under the observation of the record holder; and

    (c) Do not record and take offsite any information from medical records other than documentation of the fact of compliance or noncompliance; or

  (2) A written directive by the Commissioner authorizes appropriately qualified personnel to conduct limited reviews of:

    (a) Specific medical information mandated by an occupational safety and health standard; or

    (b) Specific biological monitoring test results.