Access to Exposure and Medical Records
DHHS (NIOSH) Publication Number 2004-101
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Guidelines: This checklist covers most of the regulations issued by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) under the general industry standard 29 CFR 1910.1020. It applies to airborne exposure records, medical records, material safety data sheets, and chemical inventory records. The regulations apply only to private employers and their employees, unless adopted or issued by a State agency and applied to other groups such as public employees. Definitions of terms in bold type are provided at the end of the checklist to help you understand some of the questions.
- Are employees or their designated representatives provided, on request, access to personal medical and exposure records in a reasonable time, place, and manner? [29 CFR 1910.1020(e)]
- Are employees informed of the existence, location, and availability of medical and exposure records? [29 CFR 1910.1020(g)(1)(i)]
- Are employees informed of the person responsible for maintaining and providing access to medical and exposure records? [29 CFR 1910.1020(g)(1)(ii)]
- Are employees informed of their rights to access medical and exposure records? [29 CFR 1910.1020(g)(1)(iii)]
- Are all employees informed annually of the existence, location, and availability of medical and exposure records? [29 CFR 1910.1020(g)(1)]
- Are all employees informed annually of the person responsible for maintaining and providing access to medical and exposure records? [29 CFR 1910.1020(g)(1)]
- Are all employees informed annually of their rights to access medical and exposure records? [29 CFR 1910.1020(g)(1)]
- Is a copy of 29 CFR 1910.1020 and its appendixes available on request to any employee? [29 CFR 1910.1020(g)(2)]
- If an employee transfers to another school or job, are all medical and exposure records transferred with him or her? [29 CFR 1910.1020(h)(1)]
- Are medical and exposure records maintained for at least 30 years? [29 CFR 1910.1020(d)(1)]
Note: Material safety data sheets and records concerning the identity of a substance or agent need not be retained for any specified period as long as some record of the identity (chemical name if known) of the substance or agent, where it was used, and when it was used is retained for a least thirty (30) years.
(1) a copy of the record is provided without cost, (2) the necessary printing facilities are made available without cost, or (3) the record is loaned for a reasonable time to enable a copy to be made. Access must be given in a reasonable time, place, and manner.
representative: an individual or organization to whom an employee has given written authorization to exercise a right of access. For access to employee exposure records, a recognized collective bargaining agent is considered a designated representative and does not need written employee authorization. A recognized collective bargaining agent must still get written authorization from an employee for access to medical records.
records: (1) any record containing environmental monitoring or measuring of a toxic substance or harmful physical agent (2) material safety data sheets, a chemical inventory, or any other record that reveals where and when a toxic substance or harmful physical agent was used and its chemical identity.
records: a record concerning the health status of a person that is made or maintained by a physician, nurse, or other health care personnel or technician. It includes medical histories or questionnaires; the results of medical examinations; medical opinions, diagnoses, and recommendations; first aid records; descriptions of treatments; and medical complaints.
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- Centers for Disease Control and Prevention
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