OSHA General Industry Standards (29 CFR Part 1910) 1910.1020: 1910.1020 Access to employee exposure and medical records

Applies to every general industry, maritime and construction employer who makes, maintains, contracts for or has access to exposure or medical records, or analyses of them, for employees exposed to toxic substances or harmful physical agents, whether or not a specific standard mandates the record and whether kept in-house or by contractors. Toxic substances or harmful physical agents include chemicals, biological agents and physical stresses listed in the latest printed NIOSH RTECS, shown hazardous in testing known to the employer, or covered by a safety data sheet indicating a health hazard. Exposure records cover workplace monitoring with methods and background data, biological monitoring of absorption, safety data sheets, and failing those a chemical inventory showing where and when a substance was used. Medical records cover questionnaires and histories, examination and laboratory results including X-rays, opinions, diagnoses, first aid records, treatments and complaints; excluded are routinely discarded specimens, separately kept health insurance claims, litigation-privileged records and separately kept employee assistance program records. Preservation, unless a specific standard sets another period: medical records for the duration of employment plus 30 years (not required for separately kept insurance claims, minor on-site first aid records, or employees employed under one year if the records are given to them at termination); exposure records at least 30 years (laboratory worksheets only 1 year if results, sampling plan, methods and summary are kept 30 years; SDSs need not be kept if a record of chemical identity, where and when used is kept 30 years); analyses at least 30 years; chest X-ray films preserved in their original state. Access: provided in a reasonable time, place and manner, and if not possible within 15 working days the requester must be told the reason and the earliest date; copies free of charge (or copying facilities or a loan), with reasonable charges allowed only for repeat copies; employees and designated representatives get exposure records relevant to the employee (including those of similar jobs or of a job being transferred into); designated representatives need specific written consent (named parties, description, purpose, expiry within one year) for medical records; a physician may recommend consultation, a summary or release to a physician, and may restrict direct access to a terminal illness or psychiatric diagnosis to a consented representative; analyses must have personal identifiers removed. OSHA gets prompt access, and a written OSHA medical access order must be posted for at least 15 working days. Trade secrets: process and percentage data may be deleted with notice; specific chemical identity may be withheld only if supportable, with all hazard information disclosed; it must be disclosed immediately to a treating physician or nurse in an emergency, and in non-emergencies on a written statement of need with a confidentiality agreement (no penalty bond); denials must be written within thirty days with reasons and may be referred to OSHA. Employees must be informed on first entering employment and at least annually of the existence, location and availability of records, the person responsible, and their access rights; a copy of the section must be available. On ceasing business, records go to the successor employer, or, if none, employees must be notified of access rights at least three months before cessation. Appendices A (sample authorization letter) and B (RTECS availability) are non-mandatory.