Access to Medicaland Exposure RecordsU.S. Department of LaborOccupational Safety and Health Administration

OSHA 31102001 (Revised)

U.S. Department of LaborElaine L. Chao, Secretary

Occupational Safety and Health AdministrationJohn L. Henshaw, Assistant Secretary

This booklet provides a generic overview of a standards-related topic. This publication does not alter or determinecompliance responsibilities, which are described in theOSHA standards and the Occupational Safety and HealthAct. Because interpretations and enforcement policy maychange over time, the best sources for additionalguidance on OSHA compliance requirements are currentadministrative interpretations and decisions by theOccupational Safety and Health Review Commission andthe courts. This publication is in the public domain andmay be reproduced fully or partially without permission.Source credit is requested but not required.

OSHA will make this information available to sensoryimpaired individuals upon request. Call (202) 693-1999.

What if I go out of business?If you go out of business, you must do the following:

■ Transfer all records subject to this standard to thesuccessor employer OR, if there is no successor,

■ Notify current employees at least 3 months before thebusiness closes of their right to access their records.You also must either transfer the records required tobe preserved under this standard to the NationalInstitute for Occupational Safety and Health(NIOSH), or notify the Director of NIOSH in writingof your intent to dispose of the records 3 monthsbefore that disposal.

Does the standard cover me if Iwork or run a business in a statethat operates its own job safetyplan?

Yes. OSHA requires states with their own safety andhealth programs to have rules and enforcementprograms that are at least as effective as those of thefederal program

■ If you are an employee in an OSHA-approved stateplan, you have the same rights as employees in statesunder federal OSHA jurisdiction, but your state planmay have additional requirements.

■ If you are an employer in a state plan, you have atleast the same responsibilities and rights as employersin states under federal OSHA jurisdiction, but yourstate plan may have additional requirements.

For more information on state plans, contact the stateplan in your state or visit OSHA’s website atwww.osha.gov.

How can I get assistance or moreinformation about OSHA and itsrequirements?

OSHA operates technical assistance, training andeducation, and consultation programs to helpemployers and employees understand rules and theirrequirements.

In addition, OSHA’s website—www.osha.gov—contains information on agency programs, activities,policies, rules, training and education, outreach, andmore. For a list of available publications andinformation on OSHA electronic products, visit thewebsite or contact the OSHA Publications Office,P.O. Box 37535, Washington, DC 20013-7535;(202) 693-1888 (phone); or (202) 693-2498 (fax).For a schedule of OSHA training and educationcourses, contact the OSHA Training Institute,1555 Times Drive, Des Plaines, IL 60018,(708) 297-4810, or OSHA’s online course schedule.

For more information about Access to EmployeeExposure and Medical Records, see Standards onOSHA’s website, or contact your nearest OSHARegional Office.

Atlanta ................... (404) 562-2300

Boston ................... (617) 565-9860

Chicago.................. (312) 353-2220

Dallas ..................... (214) 767-4731

Denver ................... (303) 844-1600

Kansas City ............. (816) 426-5861

New York................ (212) 337-2378

Philadelphia ............ (215) 861-4900

San Francisco ......... (415) 975-4310

Seattle .................... (206) 553-5930www.osha.gov

30 years30 years30 years30 years30 years

How long do I have to keepemployee exposure andmedical records and otherexposure information?

Unless another OSHA rule specifically provides adifferent period of time, you must keep thefollowing:

■ Employee medical records for at least the durationof the employee’s employment plus 30 years,except for

❖ Health insurance claims records that youmaintain separately from your medical programand its records.

❖ First-aid records made onsite by a non-physicianof one-time treatment and later observations ofminor scratches, scrapes, or other injuries thatdid not involve medical treatment, loss ofconsciousness, restriction of work or motion, ortransfer to another job.

❖ Medical records of employees who have workedfor less than 1 year as long as you offer all suchrecords to the employee upon termination ofemployment.

■ Employee exposure records for at least 30 years,except for

❖ Background data related to environmental, orworkplace, monitoring or measuring—such aslaboratory reports and worksheets—must onlybe retained for 1 year, so long as you preservecertain interpretive documents relevant to theinterpretation of the data for 30 years.

❖ MSDSs and other specified records concerningthe identity of a substance or agent, so long asyou keep some record of the identity, preferablythe chemical name and information on when andwhere it was used, for 30 years.

❖ Biological monitoring results designated asexposure records by specific OSHA standardsshall be preserved and maintained as required bythe specific standard governing their use.

■ Analyses using medical or exposure records for atleast 30 years.

To file a complaint, report an emergency, or seek OSHAadvice, assistance, or products, call 1-800-321-OSHA oryour nearest regional office. The teletypewriter (TTY)number is 1-877-889-5627.

Access to Medicaland Exposure RecordsU.S. Department of LaborOccupational Safety and Health Administration

OSHA 31102001 (Revised)

U.S. Department of LaborElaine L. Chao, Secretary

Occupational Safety and Health AdministrationJohn L. Henshaw, Assistant Secretary

This booklet provides a generic overview of a standards-related topic. This publication does not alter or determinecompliance responsibilities, which are described in theOSHA standards and the Occupational Safety and HealthAct. Because interpretations and enforcement policy maychange over time, the best sources for additionalguidance on OSHA compliance requirements are currentadministrative interpretations and decisions by theOccupational Safety and Health Review Commission andthe courts. This publication is in the public domain andmay be reproduced fully or partially without permission.Source credit is requested but not required.

OSHA will make this information available to sensoryimpaired individuals upon request. Call (202) 693-1999.

What if I go out of business?If you go out of business, you must do the following:

■ Transfer all records subject to this standard to thesuccessor employer OR, if there is no successor,

■ Notify current employees at least 3 months before thebusiness closes of their right to access their records.You also must either transfer the records required tobe preserved under this standard to the NationalInstitute for Occupational Safety and Health(NIOSH), or notify the Director of NIOSH in writingof your intent to dispose of the records 3 monthsbefore that disposal.

Does the standard cover me if Iwork or run a business in a statethat operates its own job safetyplan?

Yes. OSHA requires states with their own safety andhealth programs to have rules and enforcementprograms that are at least as effective as those of thefederal program

■ If you are an employee in an OSHA-approved stateplan, you have the same rights as employees in statesunder federal OSHA jurisdiction, but your state planmay have additional requirements.

■ If you are an employer in a state plan, you have atleast the same responsibilities and rights as employersin states under federal OSHA jurisdiction, but yourstate plan may have additional requirements.

For more information on state plans, contact the stateplan in your state or visit OSHA’s website atwww.osha.gov.

How can I get assistance or moreinformation about OSHA and itsrequirements?

OSHA operates technical assistance, training andeducation, and consultation programs to helpemployers and employees understand rules and theirrequirements.

In addition, OSHA’s website—www.osha.gov—contains information on agency programs, activities,policies, rules, training and education, outreach, andmore. For a list of available publications andinformation on OSHA electronic products, visit thewebsite or contact the OSHA Publications Office,P.O. Box 37535, Washington, DC 20013-7535;(202) 693-1888 (phone); or (202) 693-2498 (fax).For a schedule of OSHA training and educationcourses, contact the OSHA Training Institute,1555 Times Drive, Des Plaines, IL 60018,(708) 297-4810, or OSHA’s online course schedule.

For more information about Access to EmployeeExposure and Medical Records, see Standards onOSHA’s website, or contact your nearest OSHARegional Office.

Atlanta ................... (404) 562-2300

Boston ................... (617) 565-9860

Chicago.................. (312) 353-2220

Dallas ..................... (214) 767-4731

Denver ................... (303) 844-1600

Kansas City ............. (816) 426-5861

New York................ (212) 337-2378

Philadelphia ............ (215) 861-4900

San Francisco ......... (415) 975-4310

Seattle .................... (206) 553-5930www.osha.gov

30 years30 years30 years30 years30 years

How long do I have to keepemployee exposure andmedical records and otherexposure information?

Unless another OSHA rule specifically provides adifferent period of time, you must keep thefollowing:

■ Employee medical records for at least the durationof the employee’s employment plus 30 years,except for

❖ Health insurance claims records that youmaintain separately from your medical programand its records.

❖ First-aid records made onsite by a non-physicianof one-time treatment and later observations ofminor scratches, scrapes, or other injuries thatdid not involve medical treatment, loss ofconsciousness, restriction of work or motion, ortransfer to another job.

❖ Medical records of employees who have workedfor less than 1 year as long as you offer all suchrecords to the employee upon termination ofemployment.

■ Employee exposure records for at least 30 years,except for

❖ Background data related to environmental, orworkplace, monitoring or measuring—such aslaboratory reports and worksheets—must onlybe retained for 1 year, so long as you preservecertain interpretive documents relevant to theinterpretation of the data for 30 years.

❖ MSDSs and other specified records concerningthe identity of a substance or agent, so long asyou keep some record of the identity, preferablythe chemical name and information on when andwhere it was used, for 30 years.

❖ Biological monitoring results designated asexposure records by specific OSHA standardsshall be preserved and maintained as required bythe specific standard governing their use.

■ Analyses using medical or exposure records for atleast 30 years.

To file a complaint, report an emergency, or seek OSHAadvice, assistance, or products, call 1-800-321-OSHA oryour nearest regional office. The teletypewriter (TTY)number is 1-877-889-5627.

Who should read this booklet?If you are an employee who has a possible exposure

to or uses toxic substances or harmful physicalagents at your work site or an employer who hasemployees that may be exposed, you need to knowyour rights and responsibilities under OSHA’sstandard on Access to Employee Exposure andMedical Records [Title 29 of the Code of FederalRegulations (CFR) Part 1910.1020].1

If you are an employee who may have beenexposed to toxic substances or harmful physicalagents in the workplace, OSHA’s regulation may helpyou detect, prevent, and treat occupational disease.

You have the right to access relevant exposure andmedical records and to know how OSHA’s standardcovers you if you are any of the following:

■ A current or former employee who is or may havebeen exposed to toxic substances or harmfulphysical agents.

■ An employee whowas assigned ortransferred to workinvolving toxicsubstances orharmful physicalagents.

■ The legalrepresentative of adeceased or legallyincapacitatedemployee who wasor may have beenexposed to toxicsubstances or harmfulphysical agents.

Designated employee representatives mayaccess employee medical or exposure records andanalyses created from those records only in veryspecific circumstances. Designated employeerepresentatives include any individual or organizationto whom an employee has given written authorizationto exercise a right of access.

1Particular circumstances may vary for access to medical and exposurerecords. Refer to the provisions of the OSHA standard for specificinformation and requirements.

What types of exposures should Ibe concerned about?

The standard covers records documenting the amountof employee exposure to “toxic substances and harmfulphysical agents.” Toxic substances and harmful physicalagents may include the following:2

■ Metals and dusts, such as, lead, cadmium, and silica.

■ Biological agents, such as bacteria, viruses, and fungi.

■ Physical stress, such as noise, heat, cold, vibration,repetitive motion, and ionizing and non-ionizingradiation.

2 According to OSHA’s regulation, “toxic substance or harmful physicalagent” posing a hazard to human health must either (1) be listed in thelatest edition of the NIOSH Registry of Toxic Effects of ChemicalSubstances, (2) have yielded positive evidence of an acute or chronichealth hazard in testing conducted by or known to the employer, or(3) be the subject of a material safety data sheet (MSDS) kept by orknown to the employer indicating that the material may pose a hazardto human health.

As an employee, what types ofrecords can I access?

You may access any employee exposure recordsthat show the measuring or monitoring of your ownexposure to a toxic substance or harmful physical agent.If your employer does not have any records thatspecifically chart your own exposure levels, you mayaccess the exposure records of employees who engagein similar work or working conditions and may haveexperienced exposures similar to yours. Employeeexposure records include the following:

■ Monitoring results of workplace air or measurementsof toxic substances or harmful physical agents in theworkplace, including personal, area, grab, wipe, orother forms of sampling results.

■ Biological monitoring results, such as blood and urinetest results.

■ Material safety data sheets (MSDSs) containinginformation about a substance’s hazards to humanhealth.

You also may access any employee medical recordsconcerning your health status that were created ormaintained by a physician, nurse, health careprofessional, or technician. Employee medical recordsinclude the following:

■ Medical and employment questionnaires or histories.

■ Results of medical examinations and laboratory tests.

■ Medical opinions, diagnoses, progress notes, andrecommendations.

■ First-aid records.

■ Descriptions of treatments and prescriptions.

■ Employee medical complaints.

In addition, you may access any analyses—compilations of data or statistical studies—of employeemedical and exposure records that concern yourworking conditions or workplace. If an analysis includesinformation that could be used to directly or indirectlyidentify individual employees, however, the employer isrequired to remove these “identifiers” to the extentpossible before permitting employee access to theanalysis. Examples of identifiers include an employee’sname, address, social security number, and job title.

What types of records can adesignated employeerepresentative access?

The OSHA standard recognizes two types ofdesignated representatives: (1) an individual ororganization to whom the employee has given writtenauthorization to access his or her medical or exposurerecords, and (2) a recognized or certified collectivebargaining agent. To access employee information,employee representatives must follow very specificrequirements, such as the following:

■ Employee Exposure Records. Recognized or certifiedcollective bargaining agents may access employeeexposure records without individual employees’written consent. The designated representative mustrequest access in writing from the employer, however,and must specify the records to be disclosed and theoccupational health need for accessing the records.

■ Employee Medical Records. Designatedrepresentatives may access the medical records of anyemployees who have given the representative specificwritten consent. As with employee access to medicalrecords, access is limited to those records pertainingto the authorizing employees.

As an employer, what do I needto know about this standard?

If you are an employer, you must do the following:

■ Preserve and maintain accurate medical and exposurerecords for each employee.3

■ Inform workers of the existence, location, andavailability of those medical and exposure records.

■ Give employees any informational material regardingthis standard that OSHA makes available to you.

■ Make records available to employees, their designatedrepresentatives, and to OSHA, as required.

3 The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.§12112(d)(3)(B)-(C) generally requires employers to keep employeemedical information confidential. Equal Employment OpportunityCommission (EEOC) standards, however, do not prohibit employersfrom making the disclosures required by OSHA’s medical accessstandard. For further information on ADA standards regardingemployee medical records, contact the EEOC at www.eeoc.gov.

■ Records created only for use in litigation that areprivileged from discovery.

■ Records created as part of voluntary employeeassistance programs, such as records for alcoholand drug abuse or personal counseling, if they aremaintained separately from your medical programand its records.

■ Trade secret information involving manufacturingprocesses or a percentage of a chemical substancein a mixture, as long as you inform healthprofessionals and employees and their designatedrepresentatives that you have deleted thatinformation from medical and exposure records.If the exclusion of the trade secret informationsubstantially impairs the evaluation of when andwhere the exposure occurred, however, you mustprovide alternative information to the employeeconsistent with the requirements of 29 CFR Part1910.1020.

What is “access”?Access means the right to examine and copy medical

and exposure records. As an employee, you have theright to access exposure and medical records andanalyses based on these records that concern youremployment. An employer must permit employees and,in certain circumstances their designated representatives,to access exposure and medical records relevant to theemployee, free of charge, within a reasonable period oftime. As an employee, you and your designatedrepresentatives may access your medical and exposurerecords in one of three ways:

■ The employer may give you a copy of the document, or

■ The employer may provide facilities for you to copythe document, or

■ The employer may loan you the document to copy itoffsite.

■ Analyses. For the purpose of analyses using exposureor medical records, recognized or certified collectivebargaining agents may access the records withoutindividual employee’s written consent. As withemployee access, however, the employer must removeor prevent access to any information in these analysesthat could reasonably be used to identify theindividual employees whose records are the subject ofthe analyses.

Do employers have to make allrecords available?

No. If you are an employer, the following are notconsidered “medical records” under this standard:

■ Physical specimens, such as blood and urine samples.

■ Records concerning health insurance claims if theyare (1) maintained separately from your medicalprogram and its records, and (2) not accessible byemployee name or other personal identifier (e.g.,social security number or home address).

What if I do not have exposurerecords for a particularemployee?

If you do not haveexposure records thatdocument theamount of a toxicsubstance orharmful physicalagent that therequestingemployee hasbeen exposed to,you must give therequestingemployee therecords of otheremployees (with personal identifiers removed) withsimilar duties or working conditions that reasonablyindicate the amount and nature of exposures theemployee requesting the records may have had.

You also may be required to supply exposurerecords that reasonably indicate the amount andnature of toxic substances or harmful physicalagents at a particular workplace, or used in aspecific working condition, to which the requestingemployee is being assigned or transferred.

Who should read this booklet?If you are an employee who has a possible exposure

to or uses toxic substances or harmful physicalagents at your work site or an employer who hasemployees that may be exposed, you need to knowyour rights and responsibilities under OSHA’sstandard on Access to Employee Exposure andMedical Records [Title 29 of the Code of FederalRegulations (CFR) Part 1910.1020].1

If you are an employee who may have beenexposed to toxic substances or harmful physicalagents in the workplace, OSHA’s regulation may helpyou detect, prevent, and treat occupational disease.

You have the right to access relevant exposure andmedical records and to know how OSHA’s standardcovers you if you are any of the following:

■ A current or former employee who is or may havebeen exposed to toxic substances or harmfulphysical agents.

■ An employee whowas assigned ortransferred to workinvolving toxicsubstances orharmful physicalagents.

■ The legalrepresentative of adeceased or legallyincapacitatedemployee who wasor may have beenexposed to toxicsubstances or harmfulphysical agents.

Designated employee representatives mayaccess employee medical or exposure records andanalyses created from those records only in veryspecific circumstances. Designated employeerepresentatives include any individual or organizationto whom an employee has given written authorizationto exercise a right of access.

1Particular circumstances may vary for access to medical and exposurerecords. Refer to the provisions of the OSHA standard for specificinformation and requirements.

What types of exposures should Ibe concerned about?

The standard covers records documenting the amountof employee exposure to “toxic substances and harmfulphysical agents.” Toxic substances and harmful physicalagents may include the following:2

■ Metals and dusts, such as, lead, cadmium, and silica.

■ Biological agents, such as bacteria, viruses, and fungi.

■ Physical stress, such as noise, heat, cold, vibration,repetitive motion, and ionizing and non-ionizingradiation.

2 According to OSHA’s regulation, “toxic substance or harmful physicalagent” posing a hazard to human health must either (1) be listed in thelatest edition of the NIOSH Registry of Toxic Effects of ChemicalSubstances, (2) have yielded positive evidence of an acute or chronichealth hazard in testing conducted by or known to the employer, or(3) be the subject of a material safety data sheet (MSDS) kept by orknown to the employer indicating that the material may pose a hazardto human health.

As an employee, what types ofrecords can I access?

You may access any employee exposure recordsthat show the measuring or monitoring of your ownexposure to a toxic substance or harmful physical agent.If your employer does not have any records thatspecifically chart your own exposure levels, you mayaccess the exposure records of employees who engagein similar work or working conditions and may haveexperienced exposures similar to yours. Employeeexposure records include the following:

■ Monitoring results of workplace air or measurementsof toxic substances or harmful physical agents in theworkplace, including personal, area, grab, wipe, orother forms of sampling results.

■ Biological monitoring results, such as blood and urinetest results.

■ Material safety data sheets (MSDSs) containinginformation about a substance’s hazards to humanhealth.

You also may access any employee medical recordsconcerning your health status that were created ormaintained by a physician, nurse, health careprofessional, or technician. Employee medical recordsinclude the following:

■ Medical and employment questionnaires or histories.

■ Results of medical examinations and laboratory tests.

■ Medical opinions, diagnoses, progress notes, andrecommendations.

■ First-aid records.

■ Descriptions of treatments and prescriptions.

■ Employee medical complaints.

In addition, you may access any analyses—compilations of data or statistical studies—of employeemedical and exposure records that concern yourworking conditions or workplace. If an analysis includesinformation that could be used to directly or indirectlyidentify individual employees, however, the employer isrequired to remove these “identifiers” to the extentpossible before permitting employee access to theanalysis. Examples of identifiers include an employee’sname, address, social security number, and job title.

What types of records can adesignated employeerepresentative access?

The OSHA standard recognizes two types ofdesignated representatives: (1) an individual ororganization to whom the employee has given writtenauthorization to access his or her medical or exposurerecords, and (2) a recognized or certified collectivebargaining agent. To access employee information,employee representatives must follow very specificrequirements, such as the following:

■ Employee Exposure Records. Recognized or certifiedcollective bargaining agents may access employeeexposure records without individual employees’written consent. The designated representative mustrequest access in writing from the employer, however,and must specify the records to be disclosed and theoccupational health need for accessing the records.

■ Employee Medical Records. Designatedrepresentatives may access the medical records of anyemployees who have given the representative specificwritten consent. As with employee access to medicalrecords, access is limited to those records pertainingto the authorizing employees.

As an employer, what do I needto know about this standard?

If you are an employer, you must do the following:

■ Preserve and maintain accurate medical and exposurerecords for each employee.3

■ Inform workers of the existence, location, andavailability of those medical and exposure records.

■ Give employees any informational material regardingthis standard that OSHA makes available to you.

■ Make records available to employees, their designatedrepresentatives, and to OSHA, as required.

3 The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.§12112(d)(3)(B)-(C) generally requires employers to keep employeemedical information confidential. Equal Employment OpportunityCommission (EEOC) standards, however, do not prohibit employersfrom making the disclosures required by OSHA’s medical accessstandard. For further information on ADA standards regardingemployee medical records, contact the EEOC at www.eeoc.gov.

■ Records created only for use in litigation that areprivileged from discovery.

■ Records created as part of voluntary employeeassistance programs, such as records for alcoholand drug abuse or personal counseling, if they aremaintained separately from your medical programand its records.

■ Trade secret information involving manufacturingprocesses or a percentage of a chemical substancein a mixture, as long as you inform healthprofessionals and employees and their designatedrepresentatives that you have deleted thatinformation from medical and exposure records.If the exclusion of the trade secret informationsubstantially impairs the evaluation of when andwhere the exposure occurred, however, you mustprovide alternative information to the employeeconsistent with the requirements of 29 CFR Part1910.1020.

What is “access”?Access means the right to examine and copy medical

and exposure records. As an employee, you have theright to access exposure and medical records andanalyses based on these records that concern youremployment. An employer must permit employees and,in certain circumstances their designated representatives,to access exposure and medical records relevant to theemployee, free of charge, within a reasonable period oftime. As an employee, you and your designatedrepresentatives may access your medical and exposurerecords in one of three ways:

■ The employer may give you a copy of the document, or

■ The employer may provide facilities for you to copythe document, or

■ The employer may loan you the document to copy itoffsite.

■ Analyses. For the purpose of analyses using exposureor medical records, recognized or certified collectivebargaining agents may access the records withoutindividual employee’s written consent. As withemployee access, however, the employer must removeor prevent access to any information in these analysesthat could reasonably be used to identify theindividual employees whose records are the subject ofthe analyses.

Do employers have to make allrecords available?

No. If you are an employer, the following are notconsidered “medical records” under this standard:

■ Physical specimens, such as blood and urine samples.

■ Records concerning health insurance claims if theyare (1) maintained separately from your medicalprogram and its records, and (2) not accessible byemployee name or other personal identifier (e.g.,social security number or home address).

What if I do not have exposurerecords for a particularemployee?

If you do not haveexposure records thatdocument theamount of a toxicsubstance orharmful physicalagent that therequestingemployee hasbeen exposed to,you must give therequestingemployee therecords of otheremployees (with personal identifiers removed) withsimilar duties or working conditions that reasonablyindicate the amount and nature of exposures theemployee requesting the records may have had.

You also may be required to supply exposurerecords that reasonably indicate the amount andnature of toxic substances or harmful physicalagents at a particular workplace, or used in aspecific working condition, to which the requestingemployee is being assigned or transferred.

Who should read this booklet?If you are an employee who has a possible exposure

to or uses toxic substances or harmful physicalagents at your work site or an employer who hasemployees that may be exposed, you need to knowyour rights and responsibilities under OSHA’sstandard on Access to Employee Exposure andMedical Records [Title 29 of the Code of FederalRegulations (CFR) Part 1910.1020].1

If you are an employee who may have beenexposed to toxic substances or harmful physicalagents in the workplace, OSHA’s regulation may helpyou detect, prevent, and treat occupational disease.

You have the right to access relevant exposure andmedical records and to know how OSHA’s standardcovers you if you are any of the following:

■ A current or former employee who is or may havebeen exposed to toxic substances or harmfulphysical agents.

■ An employee whowas assigned ortransferred to workinvolving toxicsubstances orharmful physicalagents.

■ The legalrepresentative of adeceased or legallyincapacitatedemployee who wasor may have beenexposed to toxicsubstances or harmfulphysical agents.

Designated employee representatives mayaccess employee medical or exposure records andanalyses created from those records only in veryspecific circumstances. Designated employeerepresentatives include any individual or organizationto whom an employee has given written authorizationto exercise a right of access.

1Particular circumstances may vary for access to medical and exposurerecords. Refer to the provisions of the OSHA standard for specificinformation and requirements.

What types of exposures should Ibe concerned about?

The standard covers records documenting the amountof employee exposure to “toxic substances and harmfulphysical agents.” Toxic substances and harmful physicalagents may include the following:2

■ Metals and dusts, such as, lead, cadmium, and silica.

■ Biological agents, such as bacteria, viruses, and fungi.

■ Physical stress, such as noise, heat, cold, vibration,repetitive motion, and ionizing and non-ionizingradiation.

2 According to OSHA’s regulation, “toxic substance or harmful physicalagent” posing a hazard to human health must either (1) be listed in thelatest edition of the NIOSH Registry of Toxic Effects of ChemicalSubstances, (2) have yielded positive evidence of an acute or chronichealth hazard in testing conducted by or known to the employer, or(3) be the subject of a material safety data sheet (MSDS) kept by orknown to the employer indicating that the material may pose a hazardto human health.

As an employee, what types ofrecords can I access?

You may access any employee exposure recordsthat show the measuring or monitoring of your ownexposure to a toxic substance or harmful physical agent.If your employer does not have any records thatspecifically chart your own exposure levels, you mayaccess the exposure records of employees who engagein similar work or working conditions and may haveexperienced exposures similar to yours. Employeeexposure records include the following:

■ Monitoring results of workplace air or measurementsof toxic substances or harmful physical agents in theworkplace, including personal, area, grab, wipe, orother forms of sampling results.

■ Biological monitoring results, such as blood and urinetest results.

■ Material safety data sheets (MSDSs) containinginformation about a substance’s hazards to humanhealth.

You also may access any employee medical recordsconcerning your health status that were created ormaintained by a physician, nurse, health careprofessional, or technician. Employee medical recordsinclude the following:

■ Medical and employment questionnaires or histories.

■ Results of medical examinations and laboratory tests.

■ Medical opinions, diagnoses, progress notes, andrecommendations.

■ First-aid records.

■ Descriptions of treatments and prescriptions.

■ Employee medical complaints.

In addition, you may access any analyses—compilations of data or statistical studies—of employeemedical and exposure records that concern yourworking conditions or workplace. If an analysis includesinformation that could be used to directly or indirectlyidentify individual employees, however, the employer isrequired to remove these “identifiers” to the extentpossible before permitting employee access to theanalysis. Examples of identifiers include an employee’sname, address, social security number, and job title.

What types of records can adesignated employeerepresentative access?

The OSHA standard recognizes two types ofdesignated representatives: (1) an individual ororganization to whom the employee has given writtenauthorization to access his or her medical or exposurerecords, and (2) a recognized or certified collectivebargaining agent. To access employee information,employee representatives must follow very specificrequirements, such as the following:

■ Employee Exposure Records. Recognized or certifiedcollective bargaining agents may access employeeexposure records without individual employees’written consent. The designated representative mustrequest access in writing from the employer, however,and must specify the records to be disclosed and theoccupational health need for accessing the records.

■ Employee Medical Records. Designatedrepresentatives may access the medical records of anyemployees who have given the representative specificwritten consent. As with employee access to medicalrecords, access is limited to those records pertainingto the authorizing employees.

As an employer, what do I needto know about this standard?

If you are an employer, you must do the following:

■ Preserve and maintain accurate medical and exposurerecords for each employee.3

■ Inform workers of the existence, location, andavailability of those medical and exposure records.

■ Give employees any informational material regardingthis standard that OSHA makes available to you.

■ Make records available to employees, their designatedrepresentatives, and to OSHA, as required.

3 The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.§12112(d)(3)(B)-(C) generally requires employers to keep employeemedical information confidential. Equal Employment OpportunityCommission (EEOC) standards, however, do not prohibit employersfrom making the disclosures required by OSHA’s medical accessstandard. For further information on ADA standards regardingemployee medical records, contact the EEOC at www.eeoc.gov.

■ Records created only for use in litigation that areprivileged from discovery.

■ Records created as part of voluntary employeeassistance programs, such as records for alcoholand drug abuse or personal counseling, if they aremaintained separately from your medical programand its records.

■ Trade secret information involving manufacturingprocesses or a percentage of a chemical substancein a mixture, as long as you inform healthprofessionals and employees and their designatedrepresentatives that you have deleted thatinformation from medical and exposure records.If the exclusion of the trade secret informationsubstantially impairs the evaluation of when andwhere the exposure occurred, however, you mustprovide alternative information to the employeeconsistent with the requirements of 29 CFR Part1910.1020.

What is “access”?Access means the right to examine and copy medical

and exposure records. As an employee, you have theright to access exposure and medical records andanalyses based on these records that concern youremployment. An employer must permit employees and,in certain circumstances their designated representatives,to access exposure and medical records relevant to theemployee, free of charge, within a reasonable period oftime. As an employee, you and your designatedrepresentatives may access your medical and exposurerecords in one of three ways:

■ The employer may give you a copy of the document, or

■ The employer may provide facilities for you to copythe document, or

■ The employer may loan you the document to copy itoffsite.

■ Analyses. For the purpose of analyses using exposureor medical records, recognized or certified collectivebargaining agents may access the records withoutindividual employee’s written consent. As withemployee access, however, the employer must removeor prevent access to any information in these analysesthat could reasonably be used to identify theindividual employees whose records are the subject ofthe analyses.

Do employers have to make allrecords available?

No. If you are an employer, the following are notconsidered “medical records” under this standard:

■ Physical specimens, such as blood and urine samples.

■ Records concerning health insurance claims if theyare (1) maintained separately from your medicalprogram and its records, and (2) not accessible byemployee name or other personal identifier (e.g.,social security number or home address).

What if I do not have exposurerecords for a particularemployee?

If you do not haveexposure records thatdocument theamount of a toxicsubstance orharmful physicalagent that therequestingemployee hasbeen exposed to,you must give therequestingemployee therecords of otheremployees (with personal identifiers removed) withsimilar duties or working conditions that reasonablyindicate the amount and nature of exposures theemployee requesting the records may have had.

You also may be required to supply exposurerecords that reasonably indicate the amount andnature of toxic substances or harmful physicalagents at a particular workplace, or used in aspecific working condition, to which the requestingemployee is being assigned or transferred.

Who should read this booklet?If you are an employee who has a possible exposure

to or uses toxic substances or harmful physicalagents at your work site or an employer who hasemployees that may be exposed, you need to knowyour rights and responsibilities under OSHA’sstandard on Access to Employee Exposure andMedical Records [Title 29 of the Code of FederalRegulations (CFR) Part 1910.1020].1

If you are an employee who may have beenexposed to toxic substances or harmful physicalagents in the workplace, OSHA’s regulation may helpyou detect, prevent, and treat occupational disease.

You have the right to access relevant exposure andmedical records and to know how OSHA’s standardcovers you if you are any of the following:

■ A current or former employee who is or may havebeen exposed to toxic substances or harmfulphysical agents.

■ An employee whowas assigned ortransferred to workinvolving toxicsubstances orharmful physicalagents.

■ The legalrepresentative of adeceased or legallyincapacitatedemployee who wasor may have beenexposed to toxicsubstances or harmfulphysical agents.

Designated employee representatives mayaccess employee medical or exposure records andanalyses created from those records only in veryspecific circumstances. Designated employeerepresentatives include any individual or organizationto whom an employee has given written authorizationto exercise a right of access.

1Particular circumstances may vary for access to medical and exposurerecords. Refer to the provisions of the OSHA standard for specificinformation and requirements.

What types of exposures should Ibe concerned about?

The standard covers records documenting the amountof employee exposure to “toxic substances and harmfulphysical agents.” Toxic substances and harmful physicalagents may include the following:2

■ Metals and dusts, such as, lead, cadmium, and silica.

■ Biological agents, such as bacteria, viruses, and fungi.

■ Physical stress, such as noise, heat, cold, vibration,repetitive motion, and ionizing and non-ionizingradiation.

2 According to OSHA’s regulation, “toxic substance or harmful physicalagent” posing a hazard to human health must either (1) be listed in thelatest edition of the NIOSH Registry of Toxic Effects of ChemicalSubstances, (2) have yielded positive evidence of an acute or chronichealth hazard in testing conducted by or known to the employer, or(3) be the subject of a material safety data sheet (MSDS) kept by orknown to the employer indicating that the material may pose a hazardto human health.

As an employee, what types ofrecords can I access?

You may access any employee exposure recordsthat show the measuring or monitoring of your ownexposure to a toxic substance or harmful physical agent.If your employer does not have any records thatspecifically chart your own exposure levels, you mayaccess the exposure records of employees who engagein similar work or working conditions and may haveexperienced exposures similar to yours. Employeeexposure records include the following:

■ Monitoring results of workplace air or measurementsof toxic substances or harmful physical agents in theworkplace, including personal, area, grab, wipe, orother forms of sampling results.

■ Biological monitoring results, such as blood and urinetest results.

■ Material safety data sheets (MSDSs) containinginformation about a substance’s hazards to humanhealth.

You also may access any employee medical recordsconcerning your health status that were created ormaintained by a physician, nurse, health careprofessional, or technician. Employee medical recordsinclude the following:

■ Medical and employment questionnaires or histories.

■ Results of medical examinations and laboratory tests.

■ Medical opinions, diagnoses, progress notes, andrecommendations.

■ First-aid records.

■ Descriptions of treatments and prescriptions.

■ Employee medical complaints.

In addition, you may access any analyses—compilations of data or statistical studies—of employeemedical and exposure records that concern yourworking conditions or workplace. If an analysis includesinformation that could be used to directly or indirectlyidentify individual employees, however, the employer isrequired to remove these “identifiers” to the extentpossible before permitting employee access to theanalysis. Examples of identifiers include an employee’sname, address, social security number, and job title.

What types of records can adesignated employeerepresentative access?

The OSHA standard recognizes two types ofdesignated representatives: (1) an individual ororganization to whom the employee has given writtenauthorization to access his or her medical or exposurerecords, and (2) a recognized or certified collectivebargaining agent. To access employee information,employee representatives must follow very specificrequirements, such as the following:

■ Employee Exposure Records. Recognized or certifiedcollective bargaining agents may access employeeexposure records without individual employees’written consent. The designated representative mustrequest access in writing from the employer, however,and must specify the records to be disclosed and theoccupational health need for accessing the records.

■ Employee Medical Records. Designatedrepresentatives may access the medical records of anyemployees who have given the representative specificwritten consent. As with employee access to medicalrecords, access is limited to those records pertainingto the authorizing employees.

As an employer, what do I needto know about this standard?

If you are an employer, you must do the following:

■ Preserve and maintain accurate medical and exposurerecords for each employee.3

■ Inform workers of the existence, location, andavailability of those medical and exposure records.

■ Give employees any informational material regardingthis standard that OSHA makes available to you.

■ Make records available to employees, their designatedrepresentatives, and to OSHA, as required.

3 The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.§12112(d)(3)(B)-(C) generally requires employers to keep employeemedical information confidential. Equal Employment OpportunityCommission (EEOC) standards, however, do not prohibit employersfrom making the disclosures required by OSHA’s medical accessstandard. For further information on ADA standards regardingemployee medical records, contact the EEOC at www.eeoc.gov.

■ Records created only for use in litigation that areprivileged from discovery.

■ Records created as part of voluntary employeeassistance programs, such as records for alcoholand drug abuse or personal counseling, if they aremaintained separately from your medical programand its records.

■ Trade secret information involving manufacturingprocesses or a percentage of a chemical substancein a mixture, as long as you inform healthprofessionals and employees and their designatedrepresentatives that you have deleted thatinformation from medical and exposure records.If the exclusion of the trade secret informationsubstantially impairs the evaluation of when andwhere the exposure occurred, however, you mustprovide alternative information to the employeeconsistent with the requirements of 29 CFR Part1910.1020.

What is “access”?Access means the right to examine and copy medical

and exposure records. As an employee, you have theright to access exposure and medical records andanalyses based on these records that concern youremployment. An employer must permit employees and,in certain circumstances their designated representatives,to access exposure and medical records relevant to theemployee, free of charge, within a reasonable period oftime. As an employee, you and your designatedrepresentatives may access your medical and exposurerecords in one of three ways:

■ The employer may give you a copy of the document, or

■ The employer may provide facilities for you to copythe document, or

■ The employer may loan you the document to copy itoffsite.

■ Analyses. For the purpose of analyses using exposureor medical records, recognized or certified collectivebargaining agents may access the records withoutindividual employee’s written consent. As withemployee access, however, the employer must removeor prevent access to any information in these analysesthat could reasonably be used to identify theindividual employees whose records are the subject ofthe analyses.

Do employers have to make allrecords available?

No. If you are an employer, the following are notconsidered “medical records” under this standard:

■ Physical specimens, such as blood and urine samples.

■ Records concerning health insurance claims if theyare (1) maintained separately from your medicalprogram and its records, and (2) not accessible byemployee name or other personal identifier (e.g.,social security number or home address).

What if I do not have exposurerecords for a particularemployee?

If you do not haveexposure records thatdocument theamount of a toxicsubstance orharmful physicalagent that therequestingemployee hasbeen exposed to,you must give therequestingemployee therecords of otheremployees (with personal identifiers removed) withsimilar duties or working conditions that reasonablyindicate the amount and nature of exposures theemployee requesting the records may have had.

You also may be required to supply exposurerecords that reasonably indicate the amount andnature of toxic substances or harmful physicalagents at a particular workplace, or used in aspecific working condition, to which the requestingemployee is being assigned or transferred.

Access to Medicaland Exposure RecordsU.S. Department of LaborOccupational Safety and Health Administration

OSHA 31102001 (Revised)

U.S. Department of LaborElaine L. Chao, Secretary

Occupational Safety and Health AdministrationJohn L. Henshaw, Assistant Secretary

This booklet provides a generic overview of a standards-related topic. This publication does not alter or determinecompliance responsibilities, which are described in theOSHA standards and the Occupational Safety and HealthAct. Because interpretations and enforcement policy maychange over time, the best sources for additionalguidance on OSHA compliance requirements are currentadministrative interpretations and decisions by theOccupational Safety and Health Review Commission andthe courts. This publication is in the public domain andmay be reproduced fully or partially without permission.Source credit is requested but not required.

OSHA will make this information available to sensoryimpaired individuals upon request. Call (202) 693-1999.

What if I go out of business?If you go out of business, you must do the following:

■ Transfer all records subject to this standard to thesuccessor employer OR, if there is no successor,

■ Notify current employees at least 3 months before thebusiness closes of their right to access their records.You also must either transfer the records required tobe preserved under this standard to the NationalInstitute for Occupational Safety and Health(NIOSH), or notify the Director of NIOSH in writingof your intent to dispose of the records 3 monthsbefore that disposal.

Does the standard cover me if Iwork or run a business in a statethat operates its own job safetyplan?

Yes. OSHA requires states with their own safety andhealth programs to have rules and enforcementprograms that are at least as effective as those of thefederal program

■ If you are an employee in an OSHA-approved stateplan, you have the same rights as employees in statesunder federal OSHA jurisdiction, but your state planmay have additional requirements.

■ If you are an employer in a state plan, you have atleast the same responsibilities and rights as employersin states under federal OSHA jurisdiction, but yourstate plan may have additional requirements.

For more information on state plans, contact the stateplan in your state or visit OSHA’s website atwww.osha.gov.

How can I get assistance or moreinformation about OSHA and itsrequirements?

OSHA operates technical assistance, training andeducation, and consultation programs to helpemployers and employees understand rules and theirrequirements.

In addition, OSHA’s website—www.osha.gov—contains information on agency programs, activities,policies, rules, training and education, outreach, andmore. For a list of available publications andinformation on OSHA electronic products, visit thewebsite or contact the OSHA Publications Office,P.O. Box 37535, Washington, DC 20013-7535;(202) 693-1888 (phone); or (202) 693-2498 (fax).For a schedule of OSHA training and educationcourses, contact the OSHA Training Institute,1555 Times Drive, Des Plaines, IL 60018,(708) 297-4810, or OSHA’s online course schedule.

For more information about Access to EmployeeExposure and Medical Records, see Standards onOSHA’s website, or contact your nearest OSHARegional Office.

Atlanta ................... (404) 562-2300

Boston ................... (617) 565-9860

Chicago.................. (312) 353-2220

Dallas ..................... (214) 767-4731

Denver ................... (303) 844-1600

Kansas City ............. (816) 426-5861

New York................ (212) 337-2378

Philadelphia ............ (215) 861-4900

San Francisco ......... (415) 975-4310

Seattle .................... (206) 553-5930www.osha.gov

30 years30 years30 years30 years30 years

How long do I have to keepemployee exposure andmedical records and otherexposure information?

Unless another OSHA rule specifically provides adifferent period of time, you must keep thefollowing:

■ Employee medical records for at least the durationof the employee’s employment plus 30 years,except for

❖ Health insurance claims records that youmaintain separately from your medical programand its records.

❖ First-aid records made onsite by a non-physicianof one-time treatment and later observations ofminor scratches, scrapes, or other injuries thatdid not involve medical treatment, loss ofconsciousness, restriction of work or motion, ortransfer to another job.

❖ Medical records of employees who have workedfor less than 1 year as long as you offer all suchrecords to the employee upon termination ofemployment.

■ Employee exposure records for at least 30 years,except for

❖ Background data related to environmental, orworkplace, monitoring or measuring—such aslaboratory reports and worksheets—must onlybe retained for 1 year, so long as you preservecertain interpretive documents relevant to theinterpretation of the data for 30 years.

❖ MSDSs and other specified records concerningthe identity of a substance or agent, so long asyou keep some record of the identity, preferablythe chemical name and information on when andwhere it was used, for 30 years.

❖ Biological monitoring results designated asexposure records by specific OSHA standardsshall be preserved and maintained as required bythe specific standard governing their use.

■ Analyses using medical or exposure records for atleast 30 years.

To file a complaint, report an emergency, or seek OSHAadvice, assistance, or products, call 1-800-321-OSHA oryour nearest regional office. The teletypewriter (TTY)number is 1-877-889-5627.

Access to Medicaland Exposure RecordsU.S. Department of LaborOccupational Safety and Health Administration

OSHA 31102001 (Revised)

U.S. Department of LaborElaine L. Chao, Secretary

Occupational Safety and Health AdministrationJohn L. Henshaw, Assistant Secretary

This booklet provides a generic overview of a standards-related topic. This publication does not alter or determinecompliance responsibilities, which are described in theOSHA standards and the Occupational Safety and HealthAct. Because interpretations and enforcement policy maychange over time, the best sources for additionalguidance on OSHA compliance requirements are currentadministrative interpretations and decisions by theOccupational Safety and Health Review Commission andthe courts. This publication is in the public domain andmay be reproduced fully or partially without permission.Source credit is requested but not required.

OSHA will make this information available to sensoryimpaired individuals upon request. Call (202) 693-1999.

What if I go out of business?If you go out of business, you must do the following:

■ Transfer all records subject to this standard to thesuccessor employer OR, if there is no successor,

■ Notify current employees at least 3 months before thebusiness closes of their right to access their records.You also must either transfer the records required tobe preserved under this standard to the NationalInstitute for Occupational Safety and Health(NIOSH), or notify the Director of NIOSH in writingof your intent to dispose of the records 3 monthsbefore that disposal.

Does the standard cover me if Iwork or run a business in a statethat operates its own job safetyplan?

Yes. OSHA requires states with their own safety andhealth programs to have rules and enforcementprograms that are at least as effective as those of thefederal program

■ If you are an employee in an OSHA-approved stateplan, you have the same rights as employees in statesunder federal OSHA jurisdiction, but your state planmay have additional requirements.

■ If you are an employer in a state plan, you have atleast the same responsibilities and rights as employersin states under federal OSHA jurisdiction, but yourstate plan may have additional requirements.

For more information on state plans, contact the stateplan in your state or visit OSHA’s website atwww.osha.gov.

How can I get assistance or moreinformation about OSHA and itsrequirements?

OSHA operates technical assistance, training andeducation, and consultation programs to helpemployers and employees understand rules and theirrequirements.

In addition, OSHA’s website—www.osha.gov—contains information on agency programs, activities,policies, rules, training and education, outreach, andmore. For a list of available publications andinformation on OSHA electronic products, visit thewebsite or contact the OSHA Publications Office,P.O. Box 37535, Washington, DC 20013-7535;(202) 693-1888 (phone); or (202) 693-2498 (fax).For a schedule of OSHA training and educationcourses, contact the OSHA Training Institute,1555 Times Drive, Des Plaines, IL 60018,(708) 297-4810, or OSHA’s online course schedule.

For more information about Access to EmployeeExposure and Medical Records, see Standards onOSHA’s website, or contact your nearest OSHARegional Office.

Atlanta ................... (404) 562-2300

Boston ................... (617) 565-9860

Chicago.................. (312) 353-2220

Dallas ..................... (214) 767-4731

Denver ................... (303) 844-1600

Kansas City ............. (816) 426-5861

New York................ (212) 337-2378

Philadelphia ............ (215) 861-4900

San Francisco ......... (415) 975-4310

Seattle .................... (206) 553-5930www.osha.gov

30 years30 years30 years30 years30 years

How long do I have to keepemployee exposure andmedical records and otherexposure information?

Unless another OSHA rule specifically provides adifferent period of time, you must keep thefollowing:

■ Employee medical records for at least the durationof the employee’s employment plus 30 years,except for

❖ Health insurance claims records that youmaintain separately from your medical programand its records.

❖ First-aid records made onsite by a non-physicianof one-time treatment and later observations ofminor scratches, scrapes, or other injuries thatdid not involve medical treatment, loss ofconsciousness, restriction of work or motion, ortransfer to another job.

❖ Medical records of employees who have workedfor less than 1 year as long as you offer all suchrecords to the employee upon termination ofemployment.

■ Employee exposure records for at least 30 years,except for

❖ Background data related to environmental, orworkplace, monitoring or measuring—such aslaboratory reports and worksheets—must onlybe retained for 1 year, so long as you preservecertain interpretive documents relevant to theinterpretation of the data for 30 years.

❖ MSDSs and other specified records concerningthe identity of a substance or agent, so long asyou keep some record of the identity, preferablythe chemical name and information on when andwhere it was used, for 30 years.

❖ Biological monitoring results designated asexposure records by specific OSHA standardsshall be preserved and maintained as required bythe specific standard governing their use.

■ Analyses using medical or exposure records for atleast 30 years.

To file a complaint, report an emergency, or seek OSHAadvice, assistance, or products, call 1-800-321-OSHA oryour nearest regional office. The teletypewriter (TTY)number is 1-877-889-5627.