# COMAR Title 09 — Maryland Department of Labor

## Subtitle 12 — Division of Labor and Industry

### Chapter 22 — Personally Identifiable Employee Medical Information

#### Regulation .03 Definition.

*COMAR 09.12.22.03*

A. The definitions set forth in COMAR 09.12.20 apply to this chapter.

B. For the purpose of this chapter, “personally identifiable employee medical information”:

  (1) Means employee medical information accompanied by either:

    (a) Direct identifiers, including:

      (i) Name,

      (ii) Address,

      (iii) Social Security number,

      (iv) Payroll number; or

    (b) Information which could reasonably be used indirectly to identify specific employees, including:

      (i) Exact age,

      (ii) Height,

      (iii) Weight,

      (iv) Race,

      (v) Sex,

      (vi) Date of initial employment, or

      (vii) Job title;

  (2) Does not include:

    (a) Aggregate employee medical information or medical records on individual employees not in a personally identifiable form;

    (b) Personally identifiable employee medical information obtained in the course of litigation;

    (c) Records required by COMAR 09.12.21;

    (d) Death certificates; or

    (e) Employee exposure records, including biological monitoring records which constitute exposure records under either 29 CFR §1910.1020(c)(5) or specific occupational safety and health standards.