Can the safety manager “see” an employee’s completed Respiratory Protection medical questionnaire?

ABSOLUTELY NOT! I know this may not be accepted by everyone, but the medical questionnaire is a medical record, and even the safety manager does not have access to it. In fact, some of the companies I worked for forbade the record from being kept on site. Although two of my sites had on-site medical with nurses and a company physician, those were different situations. But in a smaller facility where the safety manager is the “recordkeeper”, these records are OFF LIMITS. If we look at 1910.134(e)(4)(i) we can begin to see OSHA’s intent that these records are “confidential”…

1910.134(e)(4)(i) The medical questionnaire and examinations shall be administered confidentially during the employee's normal working hours or at a time and place convenient to the employee. The medical questionnaire shall be administered in a manner that ensures that the employee understands its content.

In determining the employee's ability to use a respirator, the employer shall:
1910.134(e)(6)(i) Obtain a written recommendation regarding the employee's ability to use the respirator from the PLHCP. The recommendation shall provide only the following information:
1910.134(e)(6)(i)(A) Any limitations on respirator use related to the medical condition of the employee, or relating to the workplace conditions in which the respirator will be used, including whether or not the employee is medically able to use the respirator;
1910.134(e)(6)(i)(B) The need, if any, for follow-up medical evaluations; and
1910.134(e)(6)(i)(C) A statement that the PLHCP has provided the employee with a copy of the PLHCP's written recommendation.
1910.134(e)(6)(ii) If the respirator is a negative pressure respirator and the PLHCP finds a medical condition that may place the employee's health at increased risk if the respirator is used, the employer shall provide a PAPR if the PLHCP's medical evaluation finds that the employee can use such a respirator; if a subsequent medical evaluation finds that the employee is medically able to use a negative pressure respirator, then the employer is no longer required to provide a PAPR.

The employer must ensure that the questionnaire is administered in such a manner that employees can understand the content, and the confidentiality of the record is maintained. Where the employee cannot understand English, the employer must have the questionnaire translated into the employee’s language either through a translator or a translated written copy. The questionnaire has been translated into Spanish and is available on OSHA’s homepage (www.osha.gov) in the Respirator Q & A Document. In cases where the employee cannot read, the employee can request someone other than the employer to orally read him or her the questionnaire, or the PLHCP may obtain through an interview or examination the same information requested on the medical questionnaire.

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