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Standard Interpretations
05/14/1981 - Interpretation on the retention of x-ray films and employee access. |
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Standard Number: | 1910.1020(d)(1)(i) |
May 14, 1981
The attached letter includes an important exclusion to 1910.1020. The exclusion for retention of actual X-rays which relate only to safety accidents was made due to the medical community's demonstration of this retention as an excessive burden. X-rays do deteriorate over time, and are normally processed for silver reclamation after a limited period of time. As noted, interpretations of the above X-rays, and all other X-rays, must still be retained. Our interpretation of employee access is that employees may not use 1910.1020 as a basis for obtaining medical records when no toxic substance exposure is involved. However, once this exposure (past, present, or future) is established, the employee has access to all records in the medical file, including those normally associated with safety hazards. KENNETH W. GERECKE Assistant Regional Administrator April 24, 1981 A. J. Marinaro, P. A. Business Manager Industrial Clinic North, Inc. 2025 Swift Avenue North Kansas City, Missouri 64116 Dear Mr. Marinaro: This is in response to your inquiry regarding the preservation of medical records pursuant to OSHA's Access to Employee Exposure and Medical Records Standard (29 CFR 1910.1020). Under this standard, each employer must assure that all employee medical records of employees exposed to toxic substances or harmful physical agents are preserved and maintained for at least the duration of the employee's employment, plus 30 years. 29 CFR 1910.1020 does not apply to:
Other than the above, for employees exposed to toxic substances or harmful physical agents, OSHA does not exclude any medical records (including any other type of X-ray) concerning on-the-job accidents or injuries from being preserved under this standard. Such information may have later significance in assessing occupational health issues. The preamble accompanying the final standard (Federal Register, Vol. 45, pp. 35263-4) explains that occupational exposure to toxic substances and harmful physical agents can result in practically every form of apparent "non-occupational" health problem, including cuts, falls, bruises, dizziness or headaches. I have enclosed a copy of 29 CFR 1910.1020 and the accompanying preamble for further clarification of this requirement. I hope this information is helpful to you. If I can be of further assistance, please feel free to contact me again. Sincerely, Bruce Hillenbrand Acting Director, Federal Compliance and State Programs [Corrected 3/7/2006] |
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