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Title 29: Labor =C2=A71910.1020 Access to=20 employee exposure and medical records.(a) Purpose. The = purpose of=20 this section is to provide employees and their designated = representatives=20 a right of access to relevant exposure and medical records; and to = provide=20 representatives of the Assistant Secretary a right of access to = these=20 records in order to fulfill responsibilities under the = Occupational Safety=20 and Health Act. Access by employees, their representatives, and = the=20 Assistant Secretary is necessary to yield both direct and indirect = improvements in the detection, treatment, and prevention of = occupational=20 disease. Each employer is responsible for assuring compliance with = this=20 section, but the activities involved in complying with the access = to=20 medical records provisions can be carried out, on behalf of the = employer,=20 by the physician or other health care personnel in charge of = employee=20 medical records. Except as expressly provided, nothing in this = section is=20 intended to affect existing legal and ethical obligations = concerning the=20 maintenance and confidentiality of employee medical information, = the duty=20 to disclose information to a patient/employee or any other aspect = of the=20 medical-care relationship, or affect existing legal obligations = concerning=20 the protection of trade secret information. (b) Scope and = application. (1)=20 This section applies to each general industry, maritime, and = construction=20 employer who makes, maintains, contracts for, or has access to = employee=20 exposure or medical records, or analyses thereof, pertaining to = employees=20 exposed to toxic substances or harmful physical agents. (2) This section applies to all employee exposure and medical = records,=20 and analyses thereof, of such employees, whether or not the = records are=20 mandated by specific occupational safety and health standards. (3) This section applies to all employee exposure and medical = records,=20 and analyses thereof, made or maintained in any manner, including = on an=20 in-house of contractual (e.g., fee-for-service) basis. Each = employer shall=20 assure that the preservation and access requirements of this = section are=20 complied with regardless of the manner in which the records are = made or=20 maintained. (c) Definitions=E2=80=94(1) Access means the right and = opportunity=20 to examine and copy. (2) Analysis using exposure = or medical=20 records means any compilation of data or any statistical = study=20 based at least in part on information collected from individual = employee=20 exposure or medical records or information collected from health = insurance=20 claims records, provided that either the analysis has been = reported to the=20 employer or no further work is currently being done by the person=20 responsible for preparing the analysis. (3) Designated = representative=20 means any individual or organization to whom an employee gives = written=20 authorization to exercise a right of access. For the purposes of = access to=20 employee exposure records and analyses using exposure or medical = records,=20 a recognized or certified collective bargaining agent shall be = treated=20 automatically as a designated representative without regard to = written=20 employee authorization. (4) Employee means a = current=20 employee, a former employee, or an employee being assigned or = transferred=20 to work where there will be exposure to toxic substances or = harmful=20 physical agents. In the case of a deceased or legally = incapacitated=20 employee, the employee's legal representative may directly = exercise all=20 the employee's rights under this section. (5) Employee exposure = record=20 means a record containing any of the following kinds of = information: (i) Environmental (workplace) monitoring or measuring of a = toxic=20 substance or harmful physical agent, including personal, area, = grab, wipe,=20 or other form of sampling, as well as related collection and = analytical=20 methodologies, calculations, and other background data relevant to = interpretation of the results obtained; (ii) Biological monitoring results which directly assess the = absorption=20 of a toxic substance or harmful physical agent by body systems = (e.g., the=20 level of a chemical in the blood, urine, breath, hair, = fingernails, etc)=20 but not including results which assess the biological effect of a=20 substance or agent or which assess an employee's use of alcohol or = drugs; (iii) Material safety data sheets indicating that the material = may pose=20 a hazard to human health; or (iv) In the absence of the above, a chemcial inventory or any = other=20 record which reveals where and when used and the identity (e.g., = chemical,=20 common, or trade name) of a toxic substance or harmful physical = agent. (6)(i) Employee medical = record=20 means a record concerning the health status of an employee which = is made=20 or maintained by a physician, nurse, or other health care = personnel or=20 technician, including: (A) Medical and employment questionnaires or histories = (including job=20 description and occupational exposures), (B) The results of medical examinations (pre-employment,=20 pre-assignment, periodic, or episodic) and laboratory tests = (including=20 chest and other X-ray examinations taken for the purposes of = establishing=20 a base-line or detecting occupational illness, and all biological=20 monitoring not defined as an =E2=80=9Cemployee exposure = record=E2=80=9D), (C) Medical opinions, diagnoses, progress notes, and=20 recommendations, (D) First aid records, (E) Descriptions of treatments and prescriptions, and (F) Employee medical complaints. (ii) =E2=80=9CEmployee medical record=E2=80=9D does not include = medical information in=20 the form of: (A) Physical specimens (e.g., blood or urine samples) which are = routinely discarded as a part of normal medical practice; or (B) Records concerning health insurance claims if maintained = separately=20 from the employer's medical program and its records, and not = accessible to=20 the employer by employee name or other direct personal identifier = (e.g.,=20 social security number, payroll number, etc.); or (C) Records created solely in preparation for litigation which = are=20 privileged from discovery under the applicable rules of procedure = or=20 evidence; or (D) Records concerning voluntary employee assistance programs = (alcohol,=20 drug abuse, or personal counseling programs) if maintained = separately from=20 the employer's medical program and its records. (7) Employer means a = current=20 employer, a former employer, or a successor employer. (8) Exposure or exposed means that an employee = is=20 subjected to a toxic substance or harmful physical agent in the = course of=20 employment through any route of entry (inhalation, ingestion, skin = contact=20 or absorption, etc.), and includes past exposure and potential = (e.g.,=20 accidental or possible) exposure, but does not include situations = where=20 the employer can demonstrate that the toxic substance or harmful = physical=20 agent is not used, handled, stored, generated, or present in the = workplace=20 in any manner different from typical non-occupational = situations. (9) Health = Professional means a=20 physician, occupational health nurse, industrial hygienist, = toxicologist,=20 or epidemiologist, providing medical or other occupational health = services=20 to exposed employees. (10) Record means any = item,=20 collection, or grouping of information regardless of the form or = process=20 by which it is maintained (e.g., paper document, microfiche, = microfilm,=20 X-ray film, or automated data processing). (11) Specific chemical = identity=20 means the chemical name, Chemical Abstracts Service (CAS) Registry = Number,=20 or any other information that reveals the precise chemical = designation of=20 the substance. (12)(i) Specific written=20 consent means a written authorization containing the = following: (A) The name and signature of the employee authorizing the = release of=20 medical information, (B) The date of the written authorization, (C) The name of the individual or organization that is = authorized to=20 release the medical information, (D) The name of the designated representative (individual or=20 organization) that is authorized to receive the released = information, (E) A general description of the medical information that is = authorized=20 to be released, (F) A general description of the purpose for the release of the = medical=20 information, and (G) A date or condition upon which the written authorization = will=20 expire (if less than one year). (ii) A written authorization does not operate to authorize the = release=20 of medical information not in existence on the date of written=20 authorization, unless the release of future information is = expressly=20 authorized, and does not operate for more than one year from the = date of=20 written authorization. (iii) A written authorization may be revoked in writing = prospectively=20 at any time. (13) Toxic substance or = harmful=20 physical agent means any chemical substance, biological = agent=20 (bacteria, virus, fungus, etc.), or physical stress (noise, heat, = cold,=20 vibration, repetitive motion, ionizing and non-ionizing radiation, = hypo-or=20 hyperbaric pressure, etc.) which: (i) Is listed in the latest printed edition of the National = Institute=20 for Occupational Safety and Health (NIOSH) Registry of Toxic = Effects of=20 Chemical Substances (RTECS), which is incorporated by reference as = specified in =C2=A71910.6; or (ii) Has yielded positive evidence of an acute or chronic = health hazard=20 in testing conducted by, or known to, the employer; or (iii) Is the subject of a material safety data sheet kept by or = known=20 to the employer indicating that the material may pose a hazard to = human=20 health. (14) Trade secret = means any=20 confidential formula, pattern, process, device, or information or=20 compilation of information that is used in an employer's business = and that=20 gives the employer an opportunity to obtain an advantage over = competitors=20 who do not know or use it. (d) Preservation of = records.=20 (1) Unless a specific occupational safety and health standard = provides a=20 different period of time, each employer shall assure the = preservation and=20 retention of records as follows: (i) Employee medical = records.=20 The medical record for each employee shall be preserved and = maintained for=20 at least the duration of employment plus thirty (30) years, except = that=20 the following types of records need not be retained for any = specified=20 period: (A) Health insurance claims records maintained separately from = the=20 employer's medical program and its records, (B) First aid records (not including medical histories) of = one-time=20 treatment and subsequent observation of minor scratches, cuts, = burns,=20 splinters, and the like which do not involve medical treatment, = loss of=20 consciousness, restriction of work or motion, or transfer to = another job,=20 if made on-site by a non-physician and if maintained separately = from the=20 employer's medical program and its records, and (C) The medical records of employees who have worked for less = than (1)=20 year for the employer need not be retained beyond the term of = employment=20 if they are provided to the employee upon the termination of=20 employment. (ii) Employee exposure = records.=20 Each employee exposure record shall be preserved and maintained = for at=20 least thirty (30) years, except that: (A) Background data to environmental (workplace) monitoring or=20 measuring, such as laboratory reports and worksheets, need only be = retained for one (1) year as long as the sampling results, the = collection=20 methodology (sampling plan), a description of the analytical and=20 mathematical methods used, and a summary of other background data = relevant=20 to interpretation of the results obtained, are retained for at = least=20 thirty (30) years; and (B) Material safety data sheets and paragraph (c)(5)(iv) = records=20 concerning the identity of a substance or agent need not be = retained for=20 any specified period as long as some record of the identity = (chemical name=20 if known) of the substance or agent, where it was used, and when = it was=20 used is retained for at least thirty (30) years;1and 1Material safety data sheets must be = kept for=20 those chemicals currently in use that are effected by the Hazard=20 Communication Standard in accordance with 29 CFR = 1910.1200(g). (C) Biological monitoring results designated as exposure = records by=20 specific occupational safety and health standards shall be = preserved and=20 maintained as required by the specific standard. (iii) Analyses using = exposure or=20 medical records. Each analysis using exposure or medial = records=20 shall be preserved and maintained for at least thirty (30) = years. (2) Nothing in this section is intended to mandate the form, = manner, or=20 process by which an employer preserves a record as long as the = information=20 contained in the record is preserved and retrievable, except that = chest=20 X-ray films shall be preserved in their original state. (e) Access to = records=E2=80=94(1) General. (i) Whenever an = employee or=20 designated representative requests access to a record, the = employer shall=20 assure that access is provided in a reasonable time, place, and = manner. If=20 the employer cannot reasonably provide access to the record within = fifteen=20 (15) working days, the employer shall within the fifteen (15) = working days=20 apprise the employee or designated representative requesting the = record of=20 the reason for the delay and the earliest date when the record can = be made=20 available. (ii) The employer may require of the requester only such = information as=20 should be readily known to the requester and which may be = necessary to=20 locate or identify the records being requested (e.g. dates and = locations=20 where the employee worked during the time period in question). (iii) Whenever an employee or designated representative = requests a copy=20 of a record, the employer shall assure that either: (A) A copy of the record is provided without cost to the = employee or=20 representative, (B) The necessary mechanical copying facilities (e.g., = photocopying)=20 are made available without cost to the employee or representative = for=20 copying the record, or (C) The record is loaned to the employee or representative for = a=20 reasonable time to enable a copy to be made. (iv) In the case of an original X-ray, the employer may = restrict access=20 to on-site examination or make other suitable arrangements for the = temporary loan of the X-ray. (v) Whenever a record has been previously provided without cost = to an=20 employee or designated representative, the employer may charge = reasonable,=20 non-discriminatory administrative costs (i.e., search and copying = expenses=20 but not including overhead expenses) for a request by the employee = or=20 designated representative for additional copies of the record, = except=20 that (A) An employer shall not charge for an initial request for a = copy of=20 new information that has been added to a record which was = previously=20 provided; and (B) An employer shall not charge for an initial request by a = recognized=20 or certified collective bargaining agent for a copy of an employee = exposure record or an analysis using exposure or medical = records. (vi) Nothing in this section is intended to preclude employees = and=20 collective bargaining agents from collectively bargaining to = obtain access=20 to information in addition to that available under this = section. (2) Employee and designated=20 representative access=E2=80=94(i) Employee=20 exposure records. (A) Except as limited by paragraph (f) of = this=20 section, each employer shall, upon request, assure the access to = each=20 employee and designated representative to employee exposure = records=20 relevant to the employee. For the purpose of this section, an = exposure=20 record relevant to the employee consists of: (1) A record which = measures or=20 monitors the amount of a toxic substance or harmful physical agent = to=20 which the employee is or has been exposed; (2) In the absence of = such=20 directly relevant records, such records of other employees with = past or=20 present job duties or working conditions related to or similar to = those of=20 the employee to the extent necessary to reasonably indicate the = amount and=20 nature of the toxic substances or harmful physical agents to which = the=20 employee is or has been subjected, and (3) Exposure records = to the=20 extent necessary to reasonably indicate the amount and nature of = the toxic=20 substances or harmful physical agents at workplaces or under = working=20 conditions to which the employee is being assigned or = transferred. (B) Requests by designated representatives for unconsented = access to=20 employee exposure records shall be in writing and shall specify = with=20 reasonable particularity: (1) The records = requested to be=20 disclosed; and (2) The occupational = health=20 need for gaining access to these records. (ii) Employee medical = records.=20 (A) Each employer shall, upon request, assure the access of each = employee=20 to employee medical records of which the employee is the subject, = except=20 as provided in paragraph (e)(2)(ii)(D) of this section. (B) Each employer shall, upon request, assure the access of = each=20 designated representative to the employee medical records of any = employee=20 who has given the designated representative specific written = consent.=20 appendix A to this section contains a sample form which may be = used to=20 establish specific written consent for access to employee medical=20 records. (C) Whenever access to employee medical records is requested, a = physician representing the employer may recommend that the = employee or=20 designated representative: (1) Consult with the = physician=20 for the purposes of reviewing and discussing the records = requested, (2) Accept a summary = of=20 material facts and opinions in lieu of the records requested, = or (3) Accept release of = the=20 requested records only to a physician or other designated=20 representative. (D) Whenever an employee requests access to his or her employee = medical=20 records, and a physician representing the employer believes that = direct=20 employee access to information contained in the records regarding = a=20 specific diagnosis of a terminal illness or a psychiatric = condition could=20 be detrimental to the employee's health, the employer may inform = the=20 employee that access will only be provided to a designated = representative=20 of the employee having specific written consent, and deny the = employee's=20 request for direct access to this information only. Where a = designated=20 representative with specific written consent requests access to=20 information so withheld, the employer shall assure the access of = the=20 designated representative to this information, even when it is = known that=20 the designated representative will give the information to the=20 employee. (E) A physician, nurse, or other responsible health care = personnel=20 maintaining medical records may delete from requested medical = records the=20 identity of a family member, personal friend, or fellow employee = who has=20 provided confidential information concerning an employee's health=20 status. (iii) Analyses using = exposure or=20 medical records. (A) Each employee shall, upon request, = assure the=20 access of each employee and designated representative to each = analysis=20 using exposure or medical records concerning the employee's = working=20 conditions or workplace. (B) Whenever access is requested to an analysis which reports = the=20 contents of employee medical records by either direct identifier = (name,=20 address, social security number, payroll number, etc.) or by = information=20 which could reasonably be used under the circumstances indirectly = to=20 identify specific employees (exact age, height, weight, race, sex, = date of=20 initial employment, job title, etc.), the employer shall assure = that=20 personal identifiers are removed before access is provided. If the = employer can demonstrate that removal of personal identifiers from = an=20 analysis is not feasible, access to the personally identifiable = portions=20 of the analysis need not be provided. (3) OSHA access. (i) = Each=20 employer shall, upon request, and without derogation of any rights = under=20 the Constitution or the Occupational Safety and Health Act of = 1970, 29=20 U.S.C. 651 et seq., that = the=20 employer chooses to exercise, assure the prompt access of = representatives=20 of the Assistant Secretary of Labor for Occupational Safety and = Health to=20 employee exposure and medical records and to analyses using = exposure or=20 medical records. Rules of agency practice and procedure governing = OSHA=20 access to employee medical records are contained in 29 CFR = 1913.10. (ii) Whenever OSHA seeks access to personally identifiable = employee=20 medical information by presenting to the employer a written access = order=20 pursuant to 29 CFR 1913.10(d), the employer shall prominently post = a copy=20 of the written access order and its accompanying cover letter for = at least=20 fifteen (15) working days. (f) Trade secrets. = (1) Except=20 as provided in paragraph (f)(2) of this section, nothing in this = section=20 precludes an employer from deleting from records requested by a = health=20 professional, employee, or designated representative any trade = secret data=20 which discloses manufacturing processes, or discloses the = percentage of a=20 chemical substance in mixture, as long as the health professional, = employee, or designated representative is notified that = information has=20 been deleted. Whenever deletion of trade secret information = substantially=20 impairs evaluation of the place where or the time when exposure to = a toxic=20 substance or harmful physical agent occurred, the employer shall = provide=20 alternative information which is sufficient to permit the = requesting party=20 to identify where and when exposure occurred. (2) The employer may withhold the specific chemical identity, = including=20 the chemical name and other specific identification of a toxic = substance=20 from a disclosable record provided that: (i) The claim that the information withheld is a trade secret = can be=20 supported; (ii) All other available information on the properties and = effects of=20 the toxic substance is disclosed; (iii) The employer informs the requesting party that the = specific=20 chemical identity is being withheld as a trade secret; and (iv) The specific chemical identity is made available to health = professionals, employees and designated representatives in = accordance with=20 the specific applicable provisions of this paragraph. (3) Where a treating physician or nurse determines that a = medical=20 emergency exists and the specific chemical identity of a toxic = substance=20 is necessary for emergency or first-aid treatment, the employer = shall=20 immediately disclose the specific chemical identity of a trade = secret=20 chemical to the treating physician or nurse, regardless of the = existence=20 of a written statement of need or a confidentiality agreement. The = employer may require a written statement of need and = confidentiality=20 agreement, in accordance with the provisions of paragraphs (f)(4) = and=20 (f)(5), as soon as circumstances permit. (4) In non-emergency situations, an employer shall, upon = request,=20 disclose a specific chemical identity, otherwise permitted to be = withheld=20 under paragraph (f)(2) of this section, to a health professional,=20 employee, or designated representative if: (i) The request is in writing; (ii) The request describes with reasonable detail one or more = of the=20 following occupational health needs for the information: (A) To assess the hazards of the chemicals to which employees = will be=20 exposed; (B) To conduct or assess sampling of the workplace atmosphere = to=20 determine employee exposure levels; (C) To conduct pre-assignment or periodic medical surveillance = of=20 exposed employees; (D) To provide medical treatment to exposed employees; (E) To select or assess appropriate personal protective = equipment for=20 exposed employees; (F) To design or assess engineering controls or other = protective=20 measures for exposed employees; and (G) To conduct studies to determine the health effects of = exposure. (iii) The request explains in detail why the disclosure of the = specific=20 chemical identity is essential and that, in lieu thereof, the = disclosure=20 of the following information would not enable the health = professional,=20 employee or designated representative to provide the occupational = health=20 services described in paragraph (f)(4)(ii) of this section: (A) The properties and effects of the chemical; (B) Measures for controlling workers' exposure to the = chemical; (C) Methods of monitoring and analyzing worker exposure to the=20 chemical; and, (D) Methods of diagnosing and treating harmful exposures to the = chemical; (iv) The request includes a description of the procedures to be = used to=20 maintain the confidentiality of the disclosed information; = and, (v) The health professional, employee, or designated = representative and=20 the employer or contractor of the services of the health = professional or=20 designated representative agree in a written confidentiality = agreement=20 that the health professional, employee or designated = representative will=20 not use the trade secret information for any purpose other than = the health=20 need(s) asserted and agree not to release the information under = any=20 circumstances other than to OSHA, as provided in paragraph (f)(7) = of this=20 section, except as authorized by the terms of the agreement or by = the=20 employer. (5) The confidentiality agreement authorized by paragraph = (f)(4)(iv) of=20 this section: (i) May restrict the use of the information to the health = purposes=20 indicated in the written statement of need; (ii) May provide for appropriate legal remedies in the event of = a=20 breach of the agreement, including stipulation of a reasonable=20 pre-estimate of likely damages; and, (iii) May not include requirements for the posting of a penalty = bond. (6) Nothing in this section is meant to preclude the parties = from=20 pursuing non-contractual remedies to the extent permitted by = law. (7) If the health professional, employee or designated = representative=20 receiving the trade secret information decides that there is a = need to=20 disclose it to OSHA, the employer who provided the information = shall be=20 informed by the health professional prior to, or at the same time = as, such=20 disclosure. (8) If the employer denies a written request for disclosure of = a=20 specific chemical identity, the denial must: (i) Be provided to the health professional, employee or = designated=20 representative within thirty days of the request; (ii) Be in writing; (iii) Include evidence to support the claim that the specific = chemical=20 identity is a trade secret; (iv) State the specific reasons why the request is being = denied;=20 and, (v) Explain in detail how alternative information may satisfy = the=20 specific medical or occupational health need without revealing the = specific chemical identity. (9) The health professional, employee, or designated = representative=20 whose request for information is denied under paragraph (f)(4) of = this=20 section may refer the request and the written denial of the = request to=20 OSHA for consideration. (10) When a heath professional employee, or designated = representative=20 refers a denial to OSHA under paragraph (f)(9) of this section, = OSHA shall=20 consider the evidence to determine if: (i) The employer has supported the claim that the specific = chemical=20 identity is a trade secret; (ii) The health professional employee, or designated = representative has=20 supported the claim that there is a medical or occupational health = need=20 for the information; and (iii) The health professional, employee or designated = representative=20 has demonstrated adequate means to protect the = confidentiality. (11)(i) If OSHA determines that the specific chemical identity=20 requested under paragraph (f)(4) of this section is not a bona fide trade secret, or = that it is a=20 trade secret but the requesting health professional, employee or=20 designated representatives has a legitimate medical or = occupational health=20 need for the information, has executed a written confidentiality=20 agreement, and has shown adequate means for complying with the = terms of=20 such agreement, the employer will be subject to citation by = OSHA. (ii) If an employer demonstrates to OSHA that the execution of = a=20 confidentiality agreement would not provide sufficient protection = against=20 the potential harm from the unauthorized disclosure of a trade = secret=20 specific chemical identity, the Assistant Secretary may issue such = orders=20 or impose such additional limitations or conditions upon the = disclosure of=20 the requested chemical information as may be appropriate to assure = that=20 the occupational health needs are met without an undue risk of = harm to the=20 employer. (12) Notwithstanding the existence of a trade secret claim, an = employer=20 shall, upon request, disclose to the Assistant Secretary any = information=20 which this section requires the employer to make available. Where = there is=20 a trade secret claim, such claim shall be made no later than at = the time=20 the information is provided to the Assistant Secretary so that = suitable=20 determinations of trade secret status can be made and the = necessary=20 protections can be implemented. (13) Nothing in this paragraph shall be construed as requiring = the=20 disclosure under any circumstances of process or percentage of = mixture=20 information which is trade secret. (g) Employee = information. (1)=20 Upon an employee's first entering into employment, and at least = annually=20 thereafter, each employer shall inform current employees covered = by this=20 section of the following: (i) The existence, location, and availability of any records = covered by=20 this section; (ii) The person responsible for maintaining and providing = access to=20 records; and (iii) Each employee's rights of access to these records. (2) Each employer shall keep a copy of this section and its = appendices,=20 and make copies readily available, upon request, to employees. The = employer shall also distribute to current employees any = informational=20 materials concerning this section which are made available to the = employer=20 by the Assistant Secretary of Labor for Occupational Safety and=20 Health. (h) Transfer of = records. (1)=20 Whenever an employer is ceasing to do business, the employer shall = transfer all records subject to this section to the successor = employer.=20 The successor employer shall receive and maintain these = records. (2) Whenever an employer is ceasing to do business and there is = no=20 successor employer to receive and maintain the records subject to = this=20 standard, the employer shall notify affected current employees of = their=20 rights of access to records at least three (3) months prior to the = cessation of the employer's business. (i) Appendices. The = information=20 contained in appendices A and B to this section is not intended, = by=20 itself, to create any additional obligations not otherwise imposed = by this=20 section nor detract from any existing obligation. Appendix A to =C2=A71910.1020=E2=80=94Sample = Authorization Letter for the=20 Release of Employee Medical Record Information to a Designated=20 Representative (Non-Mandatory)I, _____ (full name of worker/patient), hereby authorize ______ = (individual or organization holding the medical records) to = release to=20 ______ (individual or organization authorized to receive the = medical=20 information), the following medical information from my personal = medical=20 records: (Describe generally the information desired to be=20 released) I give my permission for this medical information to be used = for the=20 following purpose: but I do not give permission for any other use or=20 re-disclosure of this information. Note: Several=20 extra lines are provided below so that you can place additional=20 restrictions on this authorization letter if you want to. You may, = however, leave these lines blank. On the other hand, you may want = to (1)=20 specify a particular expiration date for this letter (if less than = one=20 year); (2) describe medical information to be created in the = future that=20 you intend to be covered by this authorization letter; or (3) = describe=20 portions of the medical information in your records which you do = not=20 intend to be released as a result of this letter.) Full name of Employee or Legal Representative Signature of Employee or Legal Representative Date of Signature Appendix B to =C2=A71910.1020=E2=80=94Availability = of NIOSH Registry of=20 Toxic Effects of Chemical Substances (RTECS) (Non-Mandatory)The final regulation, 29 CFR 1910.20, applies to all employee = exposure=20 and medical records, and analyses thereof, of employees exposed to = toxic=20 substances or harmful physical agents (paragraph (b)(2)). The term = toxic substance or harmful physical=20 agent is defined by paragraph (c)(13) to encompass chemical = substances, biological agents, and physical stresses for which = there is=20 evidence of harmful health effects. The regulation uses the latest = printed=20 edition of the National Institute for Occupational Safety and = Health=20 (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) = as one of=20 the chief sources of information as to whether evidence of harmful = health=20 effects exists. If a substance is listed in the latest printed = RTECS, the=20 regulation applies to exposure and medical records (and analyses = of these=20 records) relevant to employees exposed to the substance. It is appropriate to note that the final regulation does not = require=20 that employers purchase a copy of RTECS, and many employers need = not=20 consult RTECS to ascertain whether their employee exposure or = medical=20 records are subject to the rule. Employers who do not currently = have the=20 latest printed edition of the NIOSH RTECS, however, may desire to = obtain a=20 copy. The RTECS is issued in an annual printed edition as mandated = by=20 section 20(a)(6) of the Occupational Safety and Health Act (29 = U.S.C.=20 669(a)(6)). The Introduction to the 1980 printed edition describes the = RTECS as=20 follows: =E2=80=9CThe 1980 edition of the Registry of Toxic Effects of = Chemical=20 Substances, formerly known as the Toxic Substances list, is the = ninth=20 revision prepared in compliance with the requirements of Section = 20(a)(6)=20 of the Occupational Safety and Health Act of 1970 (Public Law = 91-596). The=20 original list was completed on June 28, 1971, and has been updated = annually in book format. Beginning in October 1977, quarterly = revisions=20 have been provided in microfiche. This edition of the Registry = contains=20 168,096 listings of chemical substances: 45,156 are names of = different=20 chemicals with their associated toxicity data and 122,940 are = synonyms.=20 This edition includes approximately 5,900 new chemical compounds = that did=20 not appear in the 1979 Registry. (p. xi) =E2=80=9CThe Registry's purposes are many, and it serves a = variety of users. It=20 is a single source document for basic toxicity information and for = other=20 data, such as chemical identifiers ad information necessary for = the=20 preparation of safety directives and hazard evaluations for = chemical=20 substances. The various types of toxic effects linked to = literature=20 citations provide researchers and occupational health scientists = with an=20 introduction to the toxicological literature, making their own = review of=20 the toxic hazards of a given substance easier. By presenting data = on the=20 lowest reported doses that produce effects by several routes of = entry in=20 various species, the Registry furnishes valuable information to = those=20 responsible for preparing safety data sheets for chemical = substances in=20 the workplace. Chemical and production engineers can use the = Registry to=20 identify the hazards which may be associated with chemical = intermediates=20 in the development of final products, and thus can more readily = select=20 substitutes or alternative processes which may be less hazardous. = Some=20 organizations, including health agencies and chemical companies, = have=20 included the NIOSH Registry accession numbers with the listing of=20 chemicals in their files to reference toxicity information = associated with=20 those chemicals. By including foreign language chemical names, a = start has=20 been made toward providing rapid identification of substances = produced in=20 other countries. (p. xi) =E2=80=9CIn this edition of the Registry, the editors intend to = identify =E2=80=9Call=20 known toxic substances=E2=80=9D which may exist in the environment = and to provide=20 pertinent data on the toxic effects from known doses entering an = organism=20 by any route described. (p xi) =E2=80=9CIt must be reemphasized that the entry of a substance = in the Registry=20 does not automatically mean that it must be avoided. A listing = does mean,=20 however, that the substance has the documented potential of being = harmful=20 if misused, and care must be exercised to prevent tragic = consequences.=20 Thus, the Registry lists many substances that are common in = everyday life=20 and are in nearly every household in the United States. One can = name a=20 variety of such dangerous substances: prescription and = non-prescription=20 drugs; food additives; pesticide concentrates, sprays, and dusts;=20 fungicides; herbicides; paints; glazes, dyes; bleaches and other = household=20 cleaning agents; alkalies; and various solvents and diluents. The = list is=20 extensive because chemicals have become an integral part of our=20 existence.=E2=80=9D The RTECS printed edition may be purchased from the = Superintendent of=20 Documents, U.S. Government Printing Office (GPO), Washington, DC = 20402=20 (202-783-3238). Some employers may desire to subscribe to the quarterly update = to the=20 RTECS which is published in a microfiche edition. An annual = subscription=20 to the quarterly microfiche may be purchased from the GPO (Order = the=20 =E2=80=9CMicrofiche Edition, Registry of Toxic Effects of Chemical = Substances=E2=80=9D).=20 Both the printed edition and the microfiche edition of RTECS are = available=20 for review at many university and public libraries throughout the = country.=20 The latest RTECS editions may also be examined at the OSHA = Technical Data=20 Center, Room N2439=E2=80=94Rear, United States Department of = Labor, 200=20 Constitution Avenue, NW., Washington, DC 20210 (202-523-9700), or = at any=20 OSHA Regional or Area Office (See,=20 major city telephone directories under United States = Government-Labor=20 Department). [53 FR 38163, Sept. 29, 1988; 53 FR 49981, Dec. = 13, 1988, as=20 amended at 54 FR 24333, June 7, 1989; 55 FR 26431, June 28, 1990; = 61 FR=20 9235, Mar. 7, 1996. Redesignated at 61 FR 31430, June 20, 1996, as = amended=20 at 71 FR 16673, Apr. 3, 2006; 76 FR 33608, June 8, 2011]
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