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Employees who are or may be exposed to toxic substances or harmful physical agents must be given access to their medical and exposure records. This access is designed to improve the detection, treatment, and prevention of occupational disease. Further, the Occupational Safety and Health Administration requires that employers maintain such records for a long period of time because the symptoms of illnesses that come from the exposure may not appear until many years later.
The Occupational Safety and Health Administration (OSHA) requires maintaining medical and exposure records under 1910.1020. The standard covers records documenting the amount of employee exposure to toxic substances and harmful physical agents. This section applies to all employers who have employees exposed to toxic substances or harmful physical agents that may include:
Employees who are or may be exposed to toxic substances or harmful physical agents must be given access to their medical and exposure records. This access is designed to improve the detection, treatment, and prevention of occupational disease. Further, OSHA requires that employers maintain such records for a long period of time because the symptoms of illnesses that come from the exposure may not appear until many years later.
Access means the right and opportunity to examine and copy.
Designated representative means any individual or organization to whom an employee gives written authorization to exercise a right of access. For the purposes of access to employee exposure records and analyses using exposure or medical records, a recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
Employee means a current employee, a former employee, or an employee being assigned or transferred to work where there will be exposure to toxic substances or harmful physical agents. In the case of a deceased or legally incapacitated employee, the employee’s legal representative may directly exercise all the employee’s rights pertaining to 1910.1020.
Employee exposure record means a record containing any of the following kinds of information:
Employee medical record means a record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel or technician, including:
Exposure or exposed means that an employee is subjected to a toxic substance or harmful physical agent in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes past exposure and potential (e.g., accidental or possible) exposure, but does not include situations where the employer can demonstrate that the toxic substance or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.
Record means any item, collection, or grouping of information regardless of the form or process by which it is maintained (e.g., paper document, microfiche, microfilm, X-ray film, or automated data processing).
Toxic substance or harmful physical agent means any chemical substance, biological agent (bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and non-ionizing radiation, hypo- or hyperbaric pressure, etc.) which:
Covered employers must:
Note: In 2019, OSHA removed the requirement for employers to use Social Security numbers to identify employees in exposure monitoring, medical surveillance, and other records. However, OSHA does not require employers to remove Social Security numbers from existing records. Further, OSHA does not prohibit employers from continuing to use Social Security numbers to identify employees. Employers are simply no longer required to include employee Social Security numbers in those records.
At the time of initial employment and at least annually thereafter, employees must be told of the existence, location, and availability of their medical and exposure records. Additionally, employers must:
The term “access” implies that access must be provided in a reasonable manner and place. If an employer can’t provide the material within 15 days after an employee’s request, the employer must state the reason for the delay and the earliest date when the records will be made available.
Responses to initial requests and new information that has been added to an initial request must be provided without cost to the employee or representative. Employers may:
In addition, employers must make medical and exposure records available, on request, to Occupational Safety and Health Administration (OSHA) representatives to examine and copy.
Analyses using exposure or medical records
Employees may also access any analyses (compilations of data or statistical studies) of employee medical and exposure records that concern their working conditions or workplaces.
If an analysis includes information that could be used to directly or indirectly identify individual employees, the employer must remove these identifiers to the extent possible before permitting employee access to the analysis. Examples of identifiers include an employee’s name, address, Social Security number, and job title.
Employees may access any employee medical records concerning their health status that were created or maintained by a physician, nurse, health care professional, or technician. Employee medical records include the following:
Employers are required to provide employees and their designated representatives access to medical records relevant to the employee. Access to the medical records of another employee may be provided only with the specific written consent of that employee.
Prior to employee access to medical records, physicians, on behalf of employers, are encouraged to discuss with employees the contents of their medical records. Physicians also may recommend ways of disclosing medical records other than by direct employee access. Where appropriate, a physician representing the employer can elect to disclose information on specific diagnoses of terminal illness or psychiatric conditions only to an employee’s designated representative, and not directly to the employee.
In addition, a physician, nurse, or other responsible healthcare person who maintains medical records may delete from requested medical records the names of persons who provided confidential information concerning an employee’s health status.
Records not covered
The following are not considered “medical records” under this standard:
Exposure records must reasonably indicate the identity, amount, and nature of the toxic substances or harmful physical agents to which the employee has been exposed.
Employees may access any employee exposure records that show the measuring or monitoring of their own exposure to a toxic substance or harmful physical agent.
If the employer does not have any records that specifically chart an employee’s exposure levels, the employer must provide records of other employees (with personal identifiers removed) whose job duties or working conditions reasonably indicate the amount and nature of exposures the requesting employee may have had. Access to these records does not require the written consent of the other employees.
Employers also may be required to supply exposure records that reasonably indicate the amount and nature of toxic substances or harmful physical agents at a particular workplace, or used in a specific working condition, to which the requesting employee is being assigned or transferred.
Employee exposure records include the following:
Union representatives have to indicate an occupational health need for requested records if they do not have written authorization of the employee(s) involved.
The Occupational Safety and Health Administration (OSHA) allows employers to delete trade secrets that disclose manufacturing processes or the percentage of a chemical substance in a mixture, but employers must state when such deletions are made. When deletion impairs the evaluation of where or when exposure occurs, employers must provide sufficient alternative information needed to protect employee health.
Where it is necessary to protect employee health, employers may be required to release trade secret information but condition access on a written agreement not to abuse the trade secret or to disclose the chemical’s identity.
Employers must preserve and maintain accurate medical and exposure records for employees. Section 1910.1020 applies to any medical or exposure records created in compliance with other the Occupational Safety and Health Administration (OSHA) rules or at the employer’s own volition.
OSHA does not mandate the form, manner, or process for preserving records, except that chest X-ray films must be preserved in their original state.
Keep exposure records and data analyses based on them for at least 30 years, except that:
Keep medical records for at least the duration of employment plus 30 years, except for:
Note: OSHA says that COVID-19 temperature checks and similar pre-screening activities may trigger the “medical record” requirement. However, OSHA Publication 4045-06 2020 notes that temperature records do not qualify as medical records “unless they are made or maintained by a physician, nurse, or other health care personnel, or technician.”
If a company ceases to do business, it must provide the successor employer with all employee medical and exposure records.
When there is no successor to receive the records, the employer must inform the current affected employees of their access rights at least three months prior to the cessation of business.
The employer also must either transfer the records required to be preserved to the National Institute for Occupational Safety and Health (NIOSH), or notify the Director of NIOSH in writing of its intent to dispose of the records three months before that disposal.
Access means the right and opportunity to examine and copy.
Designated representative means any individual or organization to whom an employee gives written authorization to exercise a right of access. For the purposes of access to employee exposure records and analyses using exposure or medical records, a recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.
Employee means a current employee, a former employee, or an employee being assigned or transferred to work where there will be exposure to toxic substances or harmful physical agents. In the case of a deceased or legally incapacitated employee, the employee’s legal representative may directly exercise all the employee’s rights pertaining to 1910.1020.
Employee exposure record means a record containing any of the following kinds of information:
Employee medical record means a record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel or technician, including:
Exposure or exposed means that an employee is subjected to a toxic substance or harmful physical agent in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes past exposure and potential (e.g., accidental or possible) exposure, but does not include situations where the employer can demonstrate that the toxic substance or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.
Record means any item, collection, or grouping of information regardless of the form or process by which it is maintained (e.g., paper document, microfiche, microfilm, X-ray film, or automated data processing).
Toxic substance or harmful physical agent means any chemical substance, biological agent (bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold, vibration, repetitive motion, ionizing and non-ionizing radiation, hypo- or hyperbaric pressure, etc.) which:
Covered employers must:
Note: In 2019, OSHA removed the requirement for employers to use Social Security numbers to identify employees in exposure monitoring, medical surveillance, and other records. However, OSHA does not require employers to remove Social Security numbers from existing records. Further, OSHA does not prohibit employers from continuing to use Social Security numbers to identify employees. Employers are simply no longer required to include employee Social Security numbers in those records.
At the time of initial employment and at least annually thereafter, employees must be told of the existence, location, and availability of their medical and exposure records. Additionally, employers must:
The term “access” implies that access must be provided in a reasonable manner and place. If an employer can’t provide the material within 15 days after an employee’s request, the employer must state the reason for the delay and the earliest date when the records will be made available.
Responses to initial requests and new information that has been added to an initial request must be provided without cost to the employee or representative. Employers may:
In addition, employers must make medical and exposure records available, on request, to Occupational Safety and Health Administration (OSHA) representatives to examine and copy.
Analyses using exposure or medical records
Employees may also access any analyses (compilations of data or statistical studies) of employee medical and exposure records that concern their working conditions or workplaces.
If an analysis includes information that could be used to directly or indirectly identify individual employees, the employer must remove these identifiers to the extent possible before permitting employee access to the analysis. Examples of identifiers include an employee’s name, address, Social Security number, and job title.
Employees may access any employee medical records concerning their health status that were created or maintained by a physician, nurse, health care professional, or technician. Employee medical records include the following:
Employers are required to provide employees and their designated representatives access to medical records relevant to the employee. Access to the medical records of another employee may be provided only with the specific written consent of that employee.
Prior to employee access to medical records, physicians, on behalf of employers, are encouraged to discuss with employees the contents of their medical records. Physicians also may recommend ways of disclosing medical records other than by direct employee access. Where appropriate, a physician representing the employer can elect to disclose information on specific diagnoses of terminal illness or psychiatric conditions only to an employee’s designated representative, and not directly to the employee.
In addition, a physician, nurse, or other responsible healthcare person who maintains medical records may delete from requested medical records the names of persons who provided confidential information concerning an employee’s health status.
Records not covered
The following are not considered “medical records” under this standard:
Exposure records must reasonably indicate the identity, amount, and nature of the toxic substances or harmful physical agents to which the employee has been exposed.
Employees may access any employee exposure records that show the measuring or monitoring of their own exposure to a toxic substance or harmful physical agent.
If the employer does not have any records that specifically chart an employee’s exposure levels, the employer must provide records of other employees (with personal identifiers removed) whose job duties or working conditions reasonably indicate the amount and nature of exposures the requesting employee may have had. Access to these records does not require the written consent of the other employees.
Employers also may be required to supply exposure records that reasonably indicate the amount and nature of toxic substances or harmful physical agents at a particular workplace, or used in a specific working condition, to which the requesting employee is being assigned or transferred.
Employee exposure records include the following:
Union representatives have to indicate an occupational health need for requested records if they do not have written authorization of the employee(s) involved.
The Occupational Safety and Health Administration (OSHA) allows employers to delete trade secrets that disclose manufacturing processes or the percentage of a chemical substance in a mixture, but employers must state when such deletions are made. When deletion impairs the evaluation of where or when exposure occurs, employers must provide sufficient alternative information needed to protect employee health.
Where it is necessary to protect employee health, employers may be required to release trade secret information but condition access on a written agreement not to abuse the trade secret or to disclose the chemical’s identity.
Employers must preserve and maintain accurate medical and exposure records for employees. Section 1910.1020 applies to any medical or exposure records created in compliance with other the Occupational Safety and Health Administration (OSHA) rules or at the employer’s own volition.
OSHA does not mandate the form, manner, or process for preserving records, except that chest X-ray films must be preserved in their original state.
Keep exposure records and data analyses based on them for at least 30 years, except that:
Keep medical records for at least the duration of employment plus 30 years, except for:
Note: OSHA says that COVID-19 temperature checks and similar pre-screening activities may trigger the “medical record” requirement. However, OSHA Publication 4045-06 2020 notes that temperature records do not qualify as medical records “unless they are made or maintained by a physician, nurse, or other health care personnel, or technician.”
If a company ceases to do business, it must provide the successor employer with all employee medical and exposure records.
When there is no successor to receive the records, the employer must inform the current affected employees of their access rights at least three months prior to the cessation of business.
The employer also must either transfer the records required to be preserved to the National Institute for Occupational Safety and Health (NIOSH), or notify the Director of NIOSH in writing of its intent to dispose of the records three months before that disposal.