Grain Journal - July/August 2008 - (Page 80) Access to Records WHO GETS TO SEE MEDICAL AND EXPOSURE RECORDS REQUIRED BY OSHA? In 1980, the Occupastances they work with and SAFETY tional Safety and Health Adany associated health effects. Adam Schupp ministration (OSHA) issued a standard requiring emBasic Rules ployers to provide employAccess to employee mediees with information to ascal and exposure records must sist in the management of be provided in a reasonable their own safety and health. manner and place. If access The access to such inforcannot be provided within mation is designed to yield 15 days after the request, the both direct and indirect imemployer must state the reaprovements in the detection, son for the delay and the treatment, and prevention earliest date when the records of occupational disease. will be made available. Although OSHA revised the stanIn addition, medical and exposure dard in 1988, it still provides employees records are to be made available, on with the basic right to know the extent request, to OSHA representatives to of their exposure to the harmful subexamine and copy. If no records exist, the employer must provide records of other employees with job duties similar to those of the employee in question. These records must reasonably indicate the identity, amount, and nature of the toxic substances to which the employee has been exposed. The employer also must provide employees and their designated representatives access to medical records relevant to the employee. However, access to the medical records may be provided only with the specific written consent of that employee. Where appropriate, a physician representing the employer can elect to disclose information on specific diagnoses of terminal illness or psychiatric conditions only to an employee’s designated representative, not directly to the employee. Chemical Identity The employer also must provide access to a specific chemical identity in non-emergency situations to an employee, an employee’s designated representative, or a health care pfoessional, if it will be used for one or more of the following activities: • Access the hazards of the chemicals to which employees will be exposed. • Conduct or assess sampling of the workplace atmosphere to determine employee exposure levels. • Conduct pre-assignment or periodic medical surveillance of explosed employees. • Provide medical treatment to exposed employees. • Select or assess appropriate personal protective equipment for exposed employees. • Design or assess engineering controls or other protective measures for exposed employees. • Conduct studies to determine the health effects of exposure. Adam Schupp is a safety consultant in N. Fort Myers, FL; 239-731-5947. Response No. 801 80 GJ J/A http://www.railworks.com
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