Safety Tidbit #39 – Access to Information

Safety Tidbit #39 – Access to Information

In 1910.1020, OSHA provides employees and their designated representatives a right of access to relevant exposure and medical records.

Why do they do this? Access by employees, their representatives is to yield improvements in the detection, treatment, and prevention of occupational disease.

Who does this pertain to? This requirement applies to everyone - general industry, maritime, and construction employer - who makes, maintains, contracts for, or has access to employee exposure or medical records, or analyses thereof, pertaining to employees exposed to toxic substances or harmful physical agents.

What is a relevant exposure record? Medical records are pretty self-explanatory. However, exposure records may not be. OSHA specifies exposure records as:

a. 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;

            b. 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;

c. Material safety data sheets indicating that the material may pose a hazard to human health; or

d. In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common, or trade name) of a toxic substance or harmful physical agent.

When is the access provided?  Within 15 working days the information is to be provided at no cost to the employee.

Now the kicker…How does the employee actually know that they have this right?

The employer must inform employees when they first start working and annually thereafter of the following:

a. The existence, location, and availability of any records covered by this section;

b. The person responsible for maintaining and providing access to records; and

c. Each employee's rights of access to these records.

So, how many employers actually tell their employees they have a right to their exposure information first, and remind them of this right every year?  I bet not too many.  Ultimately, this process is to be a check and balance to hazard assessment. Therefore, please remind your clients or employers that the exposure information must be shared with the employees and, oh, by the way, ask for some feedback from the employee.  We might gain some valuable insight.

I hope this was informative.  Thanks for reading!