Access to employee exposure and medical records

Scope

OSHA’s requirement to maintain medical and exposure records applies to all employers who have employees exposed to toxic substances or harmful physical agents, such as heat, cold, radiation, repetitive motion, biological, chemical, etc.

Regulatory citations

• 29 CFR 1910.1020 — Access to employee exposure and medical records

Key definitions

• Access: The right and opportunity to examine and copy.
• Designated representative: 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: 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 this OSHA requirement.
• Employee exposure record: A record containing information regarding environmental monitoring, biological monitoring, safety data sheet information, chemical inventories, and so forth.
• Employee medical record: 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. This includes but may not be limited to medical questionnaires, exam results, first aid records, diagnosis or medical opinions, employee medical complaints, etc.
• Exposure or exposed: 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: 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: 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.) that could cause harm.

Summary of requirements

Employers should:

• Assess the workplace for any toxic substance or harmful physical agent exposures that may generate medical or exposure records.
• Keep employee medical records for at least the duration of employment plus 30 years.
• Keep employee exposure records for at least 30 years.
• Provide access to employees of their medical and exposure records.
• Inform employees annually of the existence and location of medical and exposure records and the process and rights for accessing them.