When we do our many third-party S&H audits around the country, there are a few findings we could just leave on our spreadsheet as they are so common from business to business. One of these common findings is the lack of annual training for employees on their rights to access, view, copy, etc., their own personal medical records, exposure monitoring for chemicals, noise, radiation, etc., and any type of analysis done on this exposure monitoring. Most of us are so busy with the true safety standards that we forget about these standards. I am amazed at the number of EHS professionals and EHS attorneys who were not even aware of this standard and its requirements. Yes, it is low on the scale of standards, but it is fair game for OSHA during an inspection. As for as dollars go, it generated ONLY $175 in citations from 9/08 to 9/09; however, when we look at percentage of citations issued from inspections where it was covered…100%! Here is a breakdown of this standard.
Who is covered?
General industry, maritime, and construction employers 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 records are covered?
All employee exposure and medical records, and analyses thereof, of such employees, whether or not the records are mandated by specific occupational safety and health standards. Records made or maintained in any manner, including on an in-house or contractual (e.g., fee-for-service) basis.
When is training required on this topic?
Upon an employee’s first entering into employment and at least annually thereafter.
What is information is required in this annual training?
The existence, location, and availability of any records covered by this section, the person responsible for maintaining and providing access to records, and each employee’s rights of access to these records.
What documentation is required to comply?
Each employer shall keep a copy of this section and its appendices, and make copies readily available, upon request, to employees. The employer shall also distribute to current employees any informational materials concerning this section which are made available to the employer by the Assistant Secretary of Labor for Occupational Safety and Health.