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    Title: 1904.29 - Privacy Protection
    Type: Text Slide

    • Employer may use discretion in describing the case if employee can be identified
      If you give the forms to people not authorized by the rule, you must remove the names first
      - Exceptions for:
      • Auditor/consultant,
      • Workers’ compensation or other insurance
      • Public health authority or law enforcement agency
    Speaker Notes:

    For a privacy concern case, if the employee’s identity can still be implied, the employer may use some discretion in describing the case.

    The rule requires that enough information be entered to identify the cause and general severity of the incident. For example, a sexual assault can be entered as "assault" or an injury to a reproductive organ can be entered as a "lower abdominal injury." The employer is not required to go into graphic detail in these types of cases.

    If the employer gives out the forms to the public, the names must be removed first. There are exceptions for employee access, OSHA access, auditors, insurance, or law enforcement personnel.

    Exception for public health authority or law enforcement agency when consent not required by 45 CFR 164.512.