CFR 103 - Access to Employee Exposure and Medical Records

On September 29 1988, Federal OSHA published at 53 FR 38140 a revision to its Access to Employee Exposure and Medical Records standard, 29 CFR 1910.20. Paragraphs (d), (e), (f)(2), (f)(8), (f)(12), (g) and (h) were to become effective pending approval by the Office of Management and Budget (OMB). All paragraphs were subsequently approved by OMB as announced on December 13, 1988 at 53 FR 49981.

The provisions of this rule are essentially the same as those now in effect in North Carolina with the major exceptions that: (1) first aid records and medical records of short-term employees are exempt from records retention requirements; (2) the microfilm storage of all employee X-rays except chest X-rays is permitted; (3) employer trade secrets are provided additional protection and are made to conform with OSHA's Hazard Communication standard; (4) union representatives are required to show an occupational health need for requested records when seeking unconsented access to employee exposure records; and (5) no industries are treated separately with respect to trade secret disclosure.