| OSHA requirements are set by statute,
standards and regulations. Our interpretation letters explain
these requirements and how they apply to particular
circumstances, but they cannot create additional employer
obligations. This letter constitutes OSHA's interpretation of
the requirements discussed. Note that our enforcement guidance
may be affected by changes to OSHA rules. Also, from time to time
we update our guidance in response to new information. To keep
apprised of such developments, you can consult OSHA's website
at http://www.osha.gov. |
June 14, 1991
Douglas C. Scott, M.D., M.P.H.
Western Center for Occupational and Environmental Medicine
2425 South Colorado Blvd, Suite 150
Denver, Colorado 80222
Dear Dr. Scott:
Thank you for writing to the Occupational Safety and Health
Administration (OSHA). I am responding to your letter of May 2,
1991 to the OSHA Regional Office in Denver, Colorado regarding 29
CFR 1910.120 and [29 CFR 1926.1101].
The employer is required to establish and maintain a record for
each employee that is subject to medical surveillance. In actual
practice, the physician's office maintains physical custody
of the records under agreement with the employer. Procedures need
to be established to allow access, storage, transfer, and
disposal of these records in accordance with 29 CFR 1910.1020,
while keeping personal medical information confidential.
The employee medical record in custody of the physician should
include:
- medical and employment questionnaires or histories including
job description and occupational exposures,
- the results of medical examinations and laboratory tests
including X-rays, spirometry, audiograms, etc.,
- medical opinions, diagnoses, and recommendations,
- first aid records,
- descriptions of treatments and prescriptions, and
- employee medical complaints.
The physician's written opinion to the
employer should not reveal specific findings, test results, or
diagnoses unrelated to occupational exposures. Instead, it should
include:
- whether the employee has any medical condition that would
place the employee at increased risk from occupational
exposure,
- limitations to assigned work or use of protective
equipment,
- a statement that the employee has been informed of the
results of the medical examination, and
- (for [29 CFR 1926.1101]) a statement that the employee has
been informed of the increased risk of lung cancer attributable
to the combined effect of smoking and asbestos exposure.
The employer is required to provide to the
physician:
- a copy of the applicable standard and appendices,
- a description of the employee's duties,
- the employee's representative or anticipated exposure
levels,
- a description of personal protective equipment, and
- information from previous medical examinations.
As you are aware, the exact wording of these
standards can be found in the appropriate portion of the Code of
Federal Regulations. Perhaps reviewing specific portions of these
standards with your employer clients will help to establish who
is responsible for what, assuring their employees' safe and
healthful working conditions. If you need more information please
do not hesitate to contact me or Dr. Angela Presson in [the OSHA
Office of Occupational Medicine at (202) 693-2323].
Sincerely,
Richard F. Kuehne, M.D., M.P.A., M.P.H.
Medical Officer
Office of Occupational Medicine
[Corrected 4/18/2003]
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