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Safety and Health Topics: |
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| Medical Access Order |
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29 CFR 1913.10(a) states: OSHA access to employee medical records will in certain
circumstances be important to the agency's performance of its statutory functions. Medical
records, however, contain personal details concerning the lives of employees. Due to the
substantial personal privacy interests involved, OSHA authority to gain access to
personally identifiable employee medical information will be exercised only after the
agency has made a careful determination of its need for this information, and only with
appropriate safeguards to protect individual privacy. Once this information is obtained,
OSHA examination and use of it will be limited to only that information needed to
accomplish the purpose (or access). Personally identifiable employee medical information
will be retained by OSHA only for so long as needed to accomplish the purpose for access,
will be kept secure while being used, and will not be disclosed to other agencies or
members of the public except in narrowly defined circumstances.
Access to these medical records is by means of a Medical Access Order (MAO). OSHA
instructions for obtaining and using a MAO are contained in a series of Directives
(see below). These directives
are being revised and condensed. When the new directive is issued it will be available
from this site.
Related Safety and Health Topics:
Recognition
Evaluation
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Access to Medical and Exposure Records. OSHA Publication 3110 (2001), 136 KB PDF, 8 pages. Briefly explains OSHA
requirements permitting workers to obtain medical chemical exposure
records that employers maintain. Types of records available to employees
and their designated representatives, record maintenance requirements,
guidance for employers in providing access to records and sources of
further information are included.
- Access
to Medical and Exposure Records. Text extract from the OSHA Publication
3110, (2002, Revised), 9 pages. Employees
need to know their rights and responsibilities under OSHA’s standard
on Access to Employee Exposure and Medical Records.
Compliance
- OSHA Standards
- 1913.10, Rules of
agency practice and procedure concerning OSHA access to employee medical records.
- 1910.1020, Access to
employee exposure and medical records.
- 1915.1020, Access to
employee exposure and medical records. The requirements applicable to shipyard
employment under this section are identical to those set forth at 1910.1020.
- OSHA Directives
- 02-01
(CPL 2)(CPL 2) - Audit and Verification Program of 2000 Occupational Injury and Illness Records,
(2002, January 7), 30 pages. NEW LINK
- CPL 2-2.46.
29 CFR 1913.10(b)(6), Authorization and Procedures for Reviewing Medical Records (1989,
January 5), 6 pages.
- CPL 2-2.30.
29 CFR 1913.10(b)(6), Authorization of Review of Medical Opinions (1980, November 14), 3
pages.
- CPL 2-2.32.
29 CFR 1913.10(b)(6), Authorization of Review of Specific Medical Information (1981,
January 19), 6 pages.
- CPL 2-2.33.
29 CFR 1913.10, Rules of Agency Practice and Procedure Concerning OSHA Access to Employee
Medical Records - Procedures Governing Enforcement Activities (1982, February 8), 14
pages.
- Review Commission and Administrative Law Judge Decisions
The Occupational Safety and Health Review Commission
(OSHRC) is an independent Federal agency created to decide contests of citations or
penalties resulting from OSHA inspections of American work places. To locate decisions
related to this topic, search for keywords at the OSHRC
site.
- Standard Interpretations and Compliance Letters
- 29 CFR 1910.1020
Application to Workplace Drug Testing Results, (1990, February 6), 1 page. OSHA has
access to complete medical records, including drug test results, when there is a
justifiable occupational safety and health need. If personally identifiable drug testing
records are part of medical records then OSHA's access order procedures are applicable (29
CFR 1913.10). (Note: 1910.20 has been reissued as 1910.1020.)
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| Revised: 19 November 2002 |
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