Do you consider “Fit Testing” records to be “medical records” and off-limits to a 2nd/3rd-party auditor?

In the past 12-months I have been told by three (3) organizations that I can not audit the fit testing records because they are “personal medical records”. After some time, I finally convinced their legal team that fit tests are not medical records, and I was then allowed to audit the records. And of course, each time I found issues with methods and records.

Does anyone else refuse 3rd-party (or 2nd-party, for that matter) access to fit-testing records, citing medical privacy?

“A fit test record simply documents that a specific make, model, and size of respirator properly seals to an employee’s face. Because these records do not contain diagnostic or health information, OSHA does not classify them as medical records.”

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