Access to Exposure to Medical Records Self Inspection Checklist

Guidelines: This checklist covers most of the regulations issued by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA). 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: Access: (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. Designated 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. Exposure 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. Medical 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.