● Purpose - This policy provides written guidance for specific exposure monitoring, testing results, medical surveillance, and similar documents required by OSHA regulations with regard to employee-specific information. Records that contain health related information specific to an employee or employee exposure must be maintained for specific time frames.
● Scope - Applies to any medical or exposure monitoring records, and medical surveillance monitoring records maintained by the company.
● Responsibilities
○ 3.1: Area Management
■ 3.1.1 - Determines what records must be maintained. (Reference Recordkeeping Requirements for Medical and Exposure Records form)
■ 3.1.2 - Ensures medical and exposure records are maintained confidentially
■ 3.1.3 - Ensures employees have access to medical and exposure records.
○ 3.2: Employees
■ 3.2.1 - Understand where records are kept, why they are required, and how to access them.
○ 3.3: Safety Representative must (as needed)
■ 3.3.1 - Assist in the implementation of this program.
● Procedure
○ 4.1: Access Rules
■ 4.1.1 - Employee access to records must be provided within 15 working days from the date of request.
● 4.1.1.1 - Except for trade secrets, employers are to disclose the specific chemical identity [chemical name and Chemical Abstract Service (CAS) number] of materials for which exposure records are requested.
● 4.1.1.2 - Requests need not be in writing, unless trade secret information is involved in the request.
● 4.1.1.3 - Delays of more than 15 days must be documented in writing and the employee informed (also in writing) of the reason for the delay and include the date of release of the record.
● 4.1.1.4 - Access may be to employees to whom the records pertain or to that employee’s legal representative. The records of other employees are not to be considered part of this information, unless the information is part of objective data evaluations.
■ 4.1.2 - OSHA may access these records at any time without consent of the employee.
● 4.1.2.1 - OSHA representatives must govern the records in accordance with their policy which includes
■ 4.1.3 - Health professionals (physicians, occupational health nurses, industrial hygienists, toxicologists, and epidemiologists) who require information for non- emergency medical treatment may request access to medical records with the written consent of the patient or their legal representatives.
■ 4.1.4 - Health professionals (physicians, occupational health nurses, industrial hygienists, toxicologists, and epidemiologists) who require information for emergency or medical treatment of an exposed employee will be granted immediate access to pertinent information about the exposure without delay.
● 4.1.4.1 - If trade secret information is part of this record, confidentiality agreements may be obtained at a future point, however, immediate information will be transmitted as it pertains to the emergency medical treatment.
■ 4.1.5 - Employers must inform their workers initially and at least annually of their rights to access to medical and exposure records.
● Safety Information
○ 5.1: Records Retention
■ 5.1.1 - Exposure records are generally required to be maintained for 30 years.
■ 5.1.2 - Medical records are generally required to be maintained for the duration of employment plus 30 years.
■ 5.1.3 - Biological and Chemical monitoring results are generally maintained for the duration of employment plus 30 years.
■ 5.1.4 - First aid records and experimental toxicological research records are excluded from the 30-year retention requirements
■ 5.1.5 - Safety Data Sheets and Chemical Inventory Information is generally not required to be maintained, provided the specific information on chemical name, manufacturer and date is maintained in the exposure record.
■ 5.1.6 - Personal medical records for short-term employees (less than one year) do not have to be retained if they are provided to the employee on termination.
■ 5.1.7 - X rays (except chest x-rays) may be microfilmed for easier storage. Chest x- rays must be maintained in their original condition.
○ 5.2: Copies of Records
■ 5.2.1 - Employees are entitled to view their records at any time.
■ 5.2.2 - One copy of the record will be provided within 15 days of a written request at no charge to the employee.
● 5.2.2.1 - X rays may be viewed at the site or at a convenient off-site location.
○ 5.3: Transfer of Records
■ 5.3.1 - Should the company cease to do business during the record retention time frame, the company will contact OSHA to determine the disposition of the records.
● 5.3.1.1 - OSHA may request the records be forwarded to OSHA for retention, or
● 5.3.1.2 - OSHA may request disposal of the records. If disposal is determined, complete destruction of the record through incineration or shredding is required.
● Training and Information
○ Employees must be informed of the types of records maintained by the company, who maintains these records, and the process for accessing their personal records.
● Definition
○ Access – The right to read, examine, and copy.
○ Exposure Record - 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; or Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) 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;
○ Medical Record – Documentation concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician, including: Questionnaires or histories, medical examination results or laboratory test results (including x-rays), medical opinions, descriptions of treatments and prescriptions, detailed first aid descriptions, and employee medical complaints. Health insurance claims and voluntary employee assistance program information (drug or alcohol counseling, and/or personal counseling programs) are not considered part of the medical record if they are maintained in a separate system, nor are voluntary employee assistance program information.
○ Objective Data Evaluations - a type of exposure evaluation using area or personnel sampling where the data is representative of employee exposures in the work environment.
○ Trade Secret – Confidential information that pertains to the chemical makeup of a substance or mixture that, when disclosed, will have a negative impact on the company’s business activities with regard to trademarked or similarly protected products.
Access to Employee Exposure and Medical Records (OSHA 1910.1020)
Employees and their designated representative have a right of access to relevant exposure and medical records; and to provide representatives of OSHA a right of access to these records to fulfill responsibilities under the Occupational Safety and Health Act.
Employee medical records include: medical exams, facility surveys for air contaminants, noise surveys, hearing examinations, etc.
Location of records and availability
All exposure and medical records are on file electronically at the ComForCare office. A copy of the records is available to the employee and an employee representative. All requests must be in writing, including the employee’s signature.
Person responsible for maintaining records
The Director of Human Resources is responsible for maintaining and providing access to records and to provide information on employee’s rights of access to their records.
Location and availability of Section 1910.1020
A copy of section 1910.1020 and its appendices are located on the OSHA website (OSHA Website Link) or can be emailed to you for your convenience.