(1) the employee uses genetic or health care services provided by the employer (other than use pursuant to section 1-301(a) of this order);
(2) the employee who uses the genetic or health care services has provided prior knowing, voluntary, and written authorization to the employer to collect protected genetic information;
(3) the person who performs the genetic or health care services does not disclose protected genetic information to anyone except to the employee who uses the services for treatment of the individual; pursuant to section 1-202(d) of this order; for program evaluation or assessment; for compiling and analyzing information in anticipation of or for use in a civil or criminal legal proceeding; or, for payment or accounting purposes, to verify that the service was performed (but in such cases the genetic information itself cannot be disclosed);
(4) such information is not used in violation of sections 1-202(a) or 1-202(b) of this order.
(c) The employing department or agency may collect protected genetic information with respect to an employee if the requirements of part 46 of title 45 of the Code of Federal Regulations are met.
(d) Genetic monitoring of biological effects of toxic substances in the workplace shall be permitted if all of the following conditions are met:
(1) the employee has provided prior, knowing, voluntary, and written authorization;
(2) the employee is notified when the results of the monitoring are available and, at that time, the employer makes any protected genetic information that may have been acquired during the monitoring available to the employee and informs the employee how to obtain such information;
(3) the monitoring conforms to any genetic monitoring regulations that may be promulgated by the Secretary of Labor; and
(4) the employer, excluding any licensed health care professionals that are involved in the genetic monitoring program, receives results of the monitoring only in aggregate terms that do not disclose the identity of specific employees.
(e) This order does not limit the statutory authority of a Federal department or agency to:
(1) promulgate or enforce workplace safety and health laws and regulations;
(2) conduct or sponsor occupational or other health research that is conducted in compliance with regulations at part 46 of title 45, of the Code of Federal Regulations; or
(3) collect protected genetic information as a part of a lawful program, the primary purpose of which is to carry out identification purposes.
Sec. 4. Miscellaneous.
1-401. The head of each department and agency shall take appropriate action to disseminate this policy and, to this end, shall designate a high level official responsible for carrying out its responsibilities under this order.
1-402. Nothing in this order shall be construed to:
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