Employee Exposure and Medical Records

Employee exposure record means a record containing any of the following kinds of information:

  • Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;
  • Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc. ) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs; 
  • (Material) safety data sheets indicating that the material may pose a hazard to human health; or
  • In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common, or trade name) of a toxic substance or harmful physical agent.

Employee medical record means a record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel or technician, including:

  • Medical and employment questionnaires or histories (including job description and occupational exposures);
  • The results of medical examinations (pre-employment, pre-assignment, periodic, or episodic) and laboratory tests (including chest and other X-ray examinations taken for the purposes of establishing a base-line or detecting occupational illness, and all biological monitoring not defined as an “employee exposure record”);
  • Medical opinions, diagnoses, progress notes, and recommendations;
  • First aid records;
  • Descriptions of treatments and prescriptions; and
  • Employee medical complaints.

Employee Exposure and Medical Records

Tab/Accordion Items

What are the protections associated with employee exposure and medical records?

Employees have the right to access to employee exposure records that show the measuring or monitoring of their own exposure to a toxic substance or harmful physical agent. They also have the right to access to any employee medical records concerning their health status that were created or maintained by a physician, nurse, health care professional, or technician. Access means the right to examine and copy medical and exposure records that concern your employment.

Unless another OSHA rule specifically provides a different period of time, employee medical records must be maintained for at least the duration of the employee’s employment plus 30 years where as exposure records must be maintained for 30 years.

What can I do to protect myself?

Follow your employer's safety and health program including any procedures relating to minimizing health exposures at the worksite. Report any concerns regarding health hazards to your employer. Where the appropriate personal protective equipment in work areas where health hazards exist. What resources are available to assist employers?

Training and Outreach Services

To assist employers with their training efforts, example presentations are available along with pre-recorded webinars which can be accessed at any time.  In addition, the education, training and technical assistance bureau provides free online safety and health training and outreach services (i.e., speaker's bureau requests, safety booths) upon request.

Lastly, the NCDOL Library offers free safety and health videos (including streaming video service) and related research assistance on consensus standards (i.e., ANSI, NFPA, NEC).

Safety and Health Programs

Example safety and health programs are also available for employers to download and adapt to their specific work conditions.

Safety and Health Topics

Additional information and resources can be found on the safety and health topics page for recording and reporting and medical services and first aid.

Consultation Services

Lastly, the consultative services bureau provides free and confidential onsite consultation regarding worksite safety and health hazards.

Which standards apply?

OSH has adopted the following standards for employee exposure and medical records in North Carolina. This is not all inclusive.

Note: Please also check the standards information and activity webpage to see if there has been any recent or upcoming regulatory activity on this topic.

General Industry

Construction

Shipyard Employment

Marine Terminals

Agriculture

Recordkeeping

Other Applicable Standards

The Which OSHA Standards Apply webpage can also help identify other standards that may be applicable to your worksite.

Where can I learn more?

Compliance Documents

  • CFR 103 - Access to Employee Exposure and Medical Records, provides the published revision to 1910.20 (relocated to 29 CFR 1910.1020).

Industry Guides

Technical Assistance

  • Inquiries about workplace safety and health requirements can be submitted to Ask OSH online or by phone at 919-707-7876.