Although this question has been discussed before, OSHA issued a new Letter of Interpretation (LOI) late in 2023 (posted in 2024), answering the following question and has ARCHIVED their previous LOI from November 26, 1996.
Does OSHA consider the initial monitoring data and subsequent re-testing data to constitute employee exposure records subject to the record retention period in 29 CFR ยง 1910.1020(d)(1)(ii)?
Here’s a HINT as to how OSHA responded:
if the sampling results described in your three scenarios include substances or chemicals that meet the definition of a toxic substance or harmful physical agent, the sampling results are employee exposure records. Also, please know that employee exposure records that indicate that an employee is exposed below the applicable action level or PEL are part of the employee’s exposure record and must be preserved and maintained in accordance with 1910.1020(d)(1)(ii).
Here is the full LOI…
NOTE: some emphasis is by me, and some links have been added for ease of access to referenced documents/sources
