Employers must retain employee exposure records for 30 years. Since OSHA could issue citations for failing to keep these records, employers need to understand exactly what OSHA considers an “employee exposure record.”
The standard at 1910.1020 defines these records to include certain sampling for toxic or hazardous substances, as well as records of hazardous chemicals used. These are rather broad categories, however.
The regulation does not explicitly require keeping Safety Data Sheets (SDSs) for 30 years. Employers must, however, retain records of the identity (chemical name) of the substance or agent, where it was used, and when it was used for at least 30 years. Saving the SDSs can help fulfill that obligation.
Sampling results
Testing for a hazardous substance in Subpart Z would create an exposure record. Those regulations cover asbestos, lead, chromium, formaldehyde, and many other substances. In addition, the tables in 1910.1000 list hundreds of substances from carbon dioxide to vegetable oil mist. Testing for harmful substances that are not listed could also create an employee exposure record.
In addition, measuring noise, vibration, temperature extremes, or particulate matter will usually create an exposure record that must be retained for 30 years. However, measurements of conditions in a normal range (such as office temperature readings) are not exposure records under the OSHA standard.
Not every sample or measurement will create an exposure record. OSHA clarified that exposure records describe the identity of, and possibly the level of exposure to, a toxic substance or harmful physical agent. For example, if an indoor air quality evaluation sampled the HVAC system, the results might identify non-toxic bacteria typical in office or work environments. That result would not be an employee exposure record.
Known hazards
If employers test for a substance with known human health effects, OSHA considers the results to be an employee exposure record even if the levels are below a listed action level or permissible exposure limit (PEL). The term “employee exposure record” is not limited to records showing that exposure exceeds a particular level, but rather on the mere fact that occupational exposure exists. For example, testing for carbon dioxide levels would create an exposure record even if the results were well within safe parameters.
Of course, if exposures are below the action level, the employer can usually stop monitoring, unless a process or work practice changes in a way that could increase exposure. However, if exposures are above the action level but below the PEL, employers may need to conduct periodic monitoring, all of which become exposure records.
On the other hand, the standard does not cover 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.
Finally, OSHA notes that employee questionnaires are not exposure records because they don’t characterize exposures. For example, employers might survey the workforce about things like comfort, temperature, or similar conditions without actually measuring conditions.
However, if questionnaires address medical information, they can be “employee medical records” under 1910.1020. For instance, the questionnaire under the respiratory protection standard is a medical record, but not an exposure record. OSHA also requires maintaining certain medical records. For more information, see our article, Who retains employee medical records?
Key to remember: Employers must save employee exposure records of hazardous substances even if the measured amount was within acceptable levels.
