Commonly Asked Questions Concerning Access to Employee Exposure and Medical Records Standard

Who is covered by the Access to Employee Exposure and Medical Records Standard?

·        Employers in general industry, the maritime, and construction industries must provide records access to all employees exposed to toxic substances and harmful physical agents, their employee representatives, health professionals, and OSHA.

What is an "employee exposure record"?

·        Employee exposure record means a record containing any of the following kinds of information: environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained; biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems but not including results which assess the biological effect of a substance or agent or which assess an employee''s use of alcohol or drugs; material safety data sheets indicating that the material may pose a hazard to human health; or in the absence of the above, a chemical inventory or any record which reveals where and when used and the identity of a toxic substance or harmful physical agent.

What is an "employee medical record"?

·        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: medical and employment questionnaires or histories (including job descriptions and occupational exposures); the results of medical examinations (pre-employment, pre-assignment, periodic, or episodic) and laboratory tests (including chest and other X-ray examinations taken for the purposes of establishing a base-line or detecting occupational illness, and all biological monitoring not defined as an "employee exposure record"); medical opinions, diagnoses, progress notes, and recommendations; first aid records; descriptions of treatments and prescriptions; and employee medical complaints.

How can the records be obtained?

·        Records requests need not be in writing except where non-emergency access to trade secrets is involved. Union and designated health professionals must have specific written consent to gain access to employees= personal medical records but may examine exposure records without such consent. However, they must state in writing the specific exposure record needed and the occupational health need for gaining access to the information. OSHA may obtain personal medical records promptly without the written consent of the subject employees, but will adhere to rules of the agency practice and procedure governing OSHA access to employee medical records contained in Title 29 Code of Federal Regulations 1913.10. Employees have prompt access, with no unreasonable barriers, to their own exposure and medical records except where a physician representing the employer believes that direct employee access to certain sensitive information in the record could be detrimental to the employee.

When must employers provide records?

·        Employers must provide records promptly, generally within 15 working days. They must provide a date of release of the information and an explanation of the delay should it take longer to process the request.

When must employers inform employees of their rights to access medical and exposure records?

·        Employers are to inform their employees initially upon employment and at least annually thereafter of their rights to access medical and exposure records, as well as where such records are kept.

How long must the records be retained?

Each employee exposure record must be maintained for at least 30 years. Experimental toxicological research records are excluded from the 30-year retention requirements. Biological monitoring results designated as exposure records by specific occupational safety and health standard must be preserved and maintained by the specific standard.

The medical records for each employee must be maintained for at least the duration of employment plus 30 years. The following type of medical records need not be retained for any specified period; health insurance claims records maintained separately from the employer''s medical program; first aid records; and medical records of employees who have worked less than one year for the employer need not be retained beyond the term of employment if they are provided to the employee upon the termination of employment.

This handout is intended only as a general description of the Access to Employee Exposure and Medical Records Standard. It does not carry the force of legal opinion. For more detailed information, consult the standard, 29 CFR 1910.1020, which is available from the U.S. Government Printing Office, Superintendent of Documents, Washington, D.C. 20402, (202) 512-1800. Please visit www.osha.gov  for more information on OSHA.