Access to Medical and Exposure Records
for Managers
Exposure Records
Exposure records show how employers measure and monitor employee exposures to toxic substances
or harmful physical agents, as well as the results. Exposure records indicate past and potential
exposures at the workplace. Some examples of exposure records include workplace monitoring results,
biological monitoring results (such as blood and urine tests), Safety Data Sheets (SDSs), and
hazardous chemical or material inventories.
Medical Records
Medical records concern employee health status and are created or maintained by healthcare
professionals. Some examples of medical records include:
• Medical and employment questionnaires or histories
• Results of medical examinations and laboratory tests
• Certain qualified medical opinions, diagnoses, progress notes and recommendations
• First aid records
• Descriptions of treatments and prescriptions
• Employee medical complaints
Medical records do NOT include actual physical specimens (blood, urine, etc.), separate records for
health insurance claims, records created solely to prepare for litigation, or separate records for
voluntary employee assistance programs (such as drug, alcohol and other counseling programs).
Record Analyses
Employers compile, study and analyze the data in exposure and medical records and health insurance
claims to identify weaknesses in their health and safety programs. For example, an employer who
notices a high number of respiratory issues in an area may check the chemical inventory and Safety
Data Sheets and then test for the chemicals potentially responsible. OSHA standards require that
record analyses be available to OSHA and to any employees whose data an employer used to create
the analyses.
Before sharing an analysis, the employer must remove personal identifiers like names, addresses,
Social Security and payroll numbers, and age, race and gender information.
Employer Requirements
With few exceptions, employers must preserve and maintain employees' exposure records and any
record analyses that use them for at least 30 years.
With few exceptions, employers must preserve and maintain employees' medical records for the
duration of their employment plus at least 30 years.
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that adopts
national standards for electronic healthcare transactions, includes strict protection for individually
identifiable health information, and protects employees' right to privacy.
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© UL LLC. All rights reserved.
OSHA standards require employers to inform employees at hire and annually about:
• The existence, location and availability of medical and exposure records
• Their right to access their records
• Where they can obtain copies of OSHA standards
• The person responsible for maintaining and providing access to their records
Employers must also make copies of the OSHA Standard and informational materials concerning the
Standard available, upon request, to employees.
Access to Records
Access includes allowing employees or, in some cases, their legal or designated representatives to
examine and copy their records. Employers have a reasonable time frame (usually 15 days) to provide
access. Initial access must be free (cost nothing), but employers may charge reasonable, nondiscriminatory administrative fees for subsequent requests for the same information. OSHA has the
same rights to access as employees. To protect employee privacy, OSHA receives records with
sensitive and protected information redacted.
Employers can provide access to records in three ways: provide paper or electronic copies of the
requested records, provide paper records and the use of a photocopier, or lend paper records to
employees for copying off the premises. Talk to your Human Resources or Safety Department to
determine your employer's request process and delivery preference.
When There Are No Records
New or transferred employees may request the exposure records for employees who have similar
duties, use similar processes or have similar working conditions. These records may help them
estimate the amount and nature of exposures to toxic or harmful agents to which they may be
subjected.
Recognized or certified collective bargaining agents may access employee exposure records without
the individual employees’ written consent. They may access medical and exposure records for analysis
without the individual employee’s written consent, but the employer must remove or prevent access to
any personal identifiers.
Designated representatives must request exposure record access in writing from the employer and
specify the records to be disclosed and the reason for the request. They may access the medical
records of any employees who have given them specific written consent.
Trade Secrets in Records
Trade secrets are confidential formulas, processes or other information that provide your employer with
an advantage over its competitors. Employers may withhold trade secrets from records if they provide
other information to protect employee health, ask employees to sign confidentiality agreements, or
withhold a chemical or substance's identity if they disclose its effects.
Employers must reveal chemical identities if the information is used in any of the following situations:
• Assessing hazards
• Selecting personal protective equipment (PPE)
• Sampling
• Designing engineering and other controls
• Medical surveillance
• Conducting studies about health effects
• Medical treatment
Employers need to provide chemical identities without delay to emergency responders or healthcare
personnel in an emergency.
This job aid is intended to provide you with supplemental information associated with UL Solutions courseware.
© UL LLC. All rights reserved.