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Title 29: Labor
PART
1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)
Subpart
Z—Toxic and Hazardous Substances

§1910.1020   Access to
employee exposure and medical records.

(a) Purpose. The purpose of
this section is to provide employees and their designated representatives
a right of access to relevant exposure and medical records; and to provide
representatives of the Assistant Secretary a right of access to these
records in order to fulfill responsibilities under the Occupational Safety
and Health Act. Access by employees, their representatives, and the
Assistant Secretary is necessary to yield both direct and indirect
improvements in the detection, treatment, and prevention of occupational
disease. Each employer is responsible for assuring compliance with this
section, but the activities involved in complying with the access to
medical records provisions can be carried out, on behalf of the employer,
by the physician or other health care personnel in charge of employee
medical records. Except as expressly provided, nothing in this section is
intended to affect existing legal and ethical obligations concerning the
maintenance and confidentiality of employee medical information, the duty
to disclose information to a patient/employee or any other aspect of the
medical-care relationship, or affect existing legal obligations concerning
the protection of trade secret information.

(b) Scope and application. (1)
This section applies to each general industry, maritime, and construction
employer who makes, maintains, contracts for, or has access to employee
exposure or medical records, or analyses thereof, pertaining to employees
exposed to toxic substances or harmful physical agents.

(2) This section applies to all employee exposure and medical records,
and analyses thereof, of such employees, whether or not the records are
mandated by specific occupational safety and health standards.

(3) This section applies to all employee exposure and medical records,
and analyses thereof, made or maintained in any manner, including on an
in-house of contractual (e.g., fee-for-service) basis. Each employer shall
assure that the preservation and access requirements of this section are
complied with regardless of the manner in which the records are made or
maintained.

(c) Definitions—(1) Access means the right and opportunity
to examine and copy.

(2) Analysis using exposure or medical
records means any compilation of data or any statistical study
based at least in part on information collected from individual employee
exposure or medical records or information collected from health insurance
claims records, provided that either the analysis has been reported to the
employer or no further work is currently being done by the person
responsible for preparing the analysis.

(3) Designated representative
means any individual or organization to whom an employee gives written
authorization to exercise a right of access. For the purposes of access to
employee exposure records and analyses using exposure or medical records,
a recognized or certified collective bargaining agent shall be treated
automatically as a designated representative without regard to written
employee authorization.

(4) Employee means a current
employee, a former employee, or an employee being assigned or transferred
to work where there will be exposure to toxic substances or harmful
physical agents. In the case of a deceased or legally incapacitated
employee, the employee's legal representative may directly exercise all
the employee's rights under this section.

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

(i) 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;

(ii) 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;

(iii) Material safety data sheets indicating that the material may pose
a hazard to human health; or

(iv) In the absence of the above, a chemcial 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.

(6)(i) 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:

(A) Medical and employment questionnaires or histories (including job
description and occupational exposures),

(B) 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”),

(C) Medical opinions, diagnoses, progress notes, and
recommendations,

(D) First aid records,

(E) Descriptions of treatments and prescriptions, and

(F) Employee medical complaints.

(ii) “Employee medical record” does not include medical information in
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
from the employer's medical program and its records, and not accessible to
the employer by employee name or other direct personal identifier (e.g.,
social security number, payroll number, etc.); or

(C) Records created solely in preparation for litigation which are
privileged from discovery under the applicable rules of procedure or
evidence; or

(D) Records concerning voluntary employee assistance programs (alcohol,
drug abuse, or personal counseling programs) if maintained separately from
the employer's medical program and its records.

(7) Employer means a current
employer, a former employer, or a successor employer.

(8) Exposure or exposed means that an employee is
subjected to a toxic substance or harmful physical agent in the course of
employment through any route of entry (inhalation, ingestion, skin contact
or absorption, etc.), and includes past exposure and potential (e.g.,
accidental or possible) exposure, but does not include situations where
the employer can demonstrate that the toxic substance or harmful physical
agent is not used, handled, stored, generated, or present in the workplace
in any manner different from typical non-occupational situations.

(9) Health Professional means a
physician, occupational health nurse, industrial hygienist, toxicologist,
or epidemiologist, providing medical or other occupational health services
to exposed employees.

(10) Record means any item,
collection, or grouping of information regardless of the form or process
by which it is maintained (e.g., paper document, microfiche, microfilm,
X-ray film, or automated data processing).

(11) Specific chemical identity
means the chemical name, Chemical Abstracts Service (CAS) Registry Number,
or any other information that reveals the precise chemical designation of
the substance.

(12)(i) Specific written
consent means a written authorization containing the following:

(A) The name and signature of the employee authorizing the release of
medical information,

(B) The date of the written authorization,

(C) The name of the individual or organization that is authorized to
release the medical information,

(D) The name of the designated representative (individual or
organization) that is authorized to receive the released information,

(E) A general description of the medical information that is authorized
to be released,

(F) A general description of the purpose for the release of the medical
information, and

(G) A date or condition upon which the written authorization will
expire (if less than one year).

(ii) A written authorization does not operate to authorize the release
of medical information not in existence on the date of written
authorization, unless the release of future information is expressly
authorized, and does not operate for more than one year from the date of
written authorization.

(iii) A written authorization may be revoked in writing prospectively
at any time.

(13) Toxic substance or harmful
physical agent means any chemical substance, biological agent
(bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold,
vibration, repetitive motion, ionizing and non-ionizing radiation, hypo-or
hyperbaric pressure, etc.) which:

(i) Is listed in the latest printed edition of the National Institute
for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of
Chemical Substances (RTECS), which is incorporated by reference as
specified in §1910.6; or

(ii) Has yielded positive evidence of an acute or chronic health hazard
in testing conducted by, or known to, the employer; or

(iii) Is the subject of a material safety data sheet kept by or known
to the employer indicating that the material may pose a hazard to human
health.

(14) Trade secret means any
confidential formula, pattern, process, device, or information or
compilation of information that is used in an employer's business and that
gives the employer an opportunity to obtain an advantage over competitors
who do not know or use it.

(d) Preservation of records.
(1) Unless a specific occupational safety and health standard provides a
different period of time, each employer shall assure the preservation and
retention of records as follows:

(i) Employee medical records.
The medical record for each employee shall be preserved and maintained for
at least the duration of employment plus thirty (30) years, except that
the following types of records need not be retained for any specified
period:

(A) Health insurance claims records maintained separately from the
employer's medical program and its records,

(B) First aid records (not including medical histories) of one-time
treatment and subsequent observation of minor scratches, cuts, burns,
splinters, and the like which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to another job,
if made on-site by a non-physician and if maintained separately from the
employer's medical program and its records, and

(C) The medical records of employees who have worked for less than (1)
year for the employer need not be retained beyond the term of employment
if they are provided to the employee upon the termination of
employment.

(ii) Employee exposure records.
Each employee exposure record shall be preserved and maintained for at
least thirty (30) years, except that:

(A) Background data to environmental (workplace) monitoring or
measuring, such as laboratory reports and worksheets, need only be
retained for one (1) year as long as the sampling results, the collection
methodology (sampling plan), a description of the analytical and
mathematical methods used, and a summary of other background data relevant
to interpretation of the results obtained, are retained for at least
thirty (30) years; and

(B) Material safety data sheets and paragraph (c)(5)(iv) records
concerning the identity of a substance or agent need not be retained for
any specified period as long as some record of the identity (chemical name
if known) of the substance or agent, where it was used, and when it was
used is retained for at least thirty (30) years;1and

1Material safety data sheets must be kept for
those chemicals currently in use that are effected by the Hazard
Communication Standard in accordance with 29 CFR 1910.1200(g).

(C) Biological monitoring results designated as exposure records by
specific occupational safety and health standards shall be preserved and
maintained as required by the specific standard.

(iii) Analyses using exposure or
medical records. Each analysis using exposure or medial records
shall be preserved and maintained for at least thirty (30) years.

(2) Nothing in this section is intended to mandate the form, manner, or
process by which an employer preserves a record as long as the information
contained in the record is preserved and retrievable, except that chest
X-ray films shall be preserved in their original state.

(e) Access to records—(1) General. (i) Whenever an employee or
designated representative requests access to a record, the employer shall
assure that access is provided in a reasonable time, place, and manner. If
the employer cannot reasonably provide access to the record within fifteen
(15) working days, the employer shall within the fifteen (15) working days
apprise the employee or designated representative requesting the record of
the reason for the delay and the earliest date when the record can be made
available.

(ii) The employer may require of the requester only such information as
should be readily known to the requester and which may be necessary to
locate or identify the records being requested (e.g. dates and locations
where the employee worked during the time period in question).

(iii) Whenever an employee or designated representative requests a copy
of a record, the employer shall assure that either:

(A) A copy of the record is provided without cost to the employee or
representative,

(B) The necessary mechanical copying facilities (e.g., photocopying)
are made available without cost to the employee or representative for
copying the record, or

(C) The record is loaned to the employee or representative for a
reasonable time to enable a copy to be made.

(iv) In the case of an original X-ray, the employer may restrict access
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
employee or designated representative, the employer may charge reasonable,
non-discriminatory administrative costs (i.e., search and copying expenses
but not including overhead expenses) for a request by the employee or
designated representative for additional copies of the record, except
that

(A) An employer shall not charge for an initial request for a copy of
new information that has been added to a record which was previously
provided; and

(B) An employer shall not charge for an initial request by a recognized
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
collective bargaining agents from collectively bargaining to obtain access
to information in addition to that available under this section.

(2) Employee and designated
representative access—(i) Employee
exposure records. (A) Except as limited by paragraph (f) of this
section, each employer shall, upon request, assure the access to each
employee and designated representative to employee exposure records
relevant to the employee. For the purpose of this section, an exposure
record relevant to the employee consists of:

(1) A record which measures or
monitors the amount of a toxic substance or harmful physical agent to
which the employee is or has been exposed;

(2) In the absence of such
directly relevant records, such records of other employees with past or
present job duties or working conditions related to or similar to those of
the employee to the extent necessary to reasonably indicate the amount and
nature of the toxic substances or harmful physical agents to which the
employee is or has been subjected, and

(3) Exposure records to the
extent necessary to reasonably indicate the amount and nature of the toxic
substances or harmful physical agents at workplaces or under working
conditions to which the employee is being assigned or transferred.

(B) Requests by designated representatives for unconsented access to
employee exposure records shall be in writing and shall specify with
reasonable particularity:

(1) The records requested to be
disclosed; and

(2) The occupational health
need for gaining access to these records.

(ii) Employee medical records.
(A) Each employer shall, upon request, assure the access of each employee
to employee medical records of which the employee is the subject, except
as provided in paragraph (e)(2)(ii)(D) of this section.

(B) Each employer shall, upon request, assure the access of each
designated representative to the employee medical records of any employee
who has given the designated representative specific written consent.
appendix A to this section contains a sample form which may be used to
establish specific written consent for access to employee medical
records.

(C) Whenever access to employee medical records is requested, a
physician representing the employer may recommend that the employee or
designated representative:

(1) Consult with the physician
for the purposes of reviewing and discussing the records requested,

(2) Accept a summary of
material facts and opinions in lieu of the records requested, or

(3) Accept release of the
requested records only to a physician or other designated
representative.

(D) Whenever an employee requests access to his or her employee medical
records, and a physician representing the employer believes that direct
employee access to information contained in the records regarding a
specific diagnosis of a terminal illness or a psychiatric condition could
be detrimental to the employee's health, the employer may inform the
employee that access will only be provided to a designated representative
of the employee having specific written consent, and deny the employee's
request for direct access to this information only. Where a designated
representative with specific written consent requests access to
information so withheld, the employer shall assure the access of the
designated representative to this information, even when it is known that
the designated representative will give the information to the
employee.

(E) A physician, nurse, or other responsible health care personnel
maintaining medical records may delete from requested medical records the
identity of a family member, personal friend, or fellow employee who has
provided confidential information concerning an employee's health
status.

(iii) Analyses using exposure or
medical records. (A) Each employee shall, upon request, assure the
access of each employee and designated representative to each analysis
using exposure or medical records concerning the employee's working
conditions or workplace.

(B) Whenever access is requested to an analysis which reports the
contents of employee medical records by either direct identifier (name,
address, social security number, payroll number, etc.) or by information
which could reasonably be used under the circumstances indirectly to
identify specific employees (exact age, height, weight, race, sex, date of
initial employment, job title, etc.), the employer shall assure that
personal identifiers are removed before access is provided. If the
employer can demonstrate that removal of personal identifiers from an
analysis is not feasible, access to the personally identifiable portions
of the analysis need not be provided.

(3) OSHA access. (i) Each
employer shall, upon request, and without derogation of any rights under
the Constitution or the Occupational Safety and Health Act of 1970, 29
U.S.C. 651 et seq., that the
employer chooses to exercise, assure the prompt access of representatives
of the Assistant Secretary of Labor for Occupational Safety and Health to
employee exposure and medical records and to analyses using exposure or
medical records. Rules of agency practice and procedure governing OSHA
access to employee medical records are contained in 29 CFR 1913.10.

(ii) Whenever OSHA seeks access to personally identifiable employee
medical information by presenting to the employer a written access order
pursuant to 29 CFR 1913.10(d), the employer shall prominently post a copy
of the written access order and its accompanying cover letter for at least
fifteen (15) working days.

(f) Trade secrets. (1) Except
as provided in paragraph (f)(2) of this section, nothing in this section
precludes an employer from deleting from records requested by a health
professional, employee, or designated representative any trade secret data
which discloses manufacturing processes, or discloses the percentage of a
chemical substance in mixture, as long as the health professional,
employee, or designated representative is notified that information has
been deleted. Whenever deletion of trade secret information substantially
impairs evaluation of the place where or the time when exposure to a toxic
substance or harmful physical agent occurred, the employer shall provide
alternative information which is sufficient to permit the requesting party
to identify where and when exposure occurred.

(2) The employer may withhold the specific chemical identity, including
the chemical name and other specific identification of a toxic substance
from a disclosable record provided that:

(i) The claim that the information withheld is a trade secret can be
supported;

(ii) All other available information on the properties and effects of
the toxic substance is disclosed;

(iii) The employer informs the requesting party that the specific
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
the specific applicable provisions of this paragraph.

(3) Where a treating physician or nurse determines that a medical
emergency exists and the specific chemical identity of a toxic substance
is necessary for emergency or first-aid treatment, the employer shall
immediately disclose the specific chemical identity of a trade secret
chemical to the treating physician or nurse, regardless of the existence
of a written statement of need or a confidentiality agreement. The
employer may require a written statement of need and confidentiality
agreement, in accordance with the provisions of paragraphs (f)(4) and
(f)(5), as soon as circumstances permit.

(4) In non-emergency situations, an employer shall, upon request,
disclose a specific chemical identity, otherwise permitted to be withheld
under paragraph (f)(2) of this section, to a health professional,
employee, or designated representative if:

(i) The request is in writing;

(ii) The request describes with reasonable detail one or more of the
following occupational health needs for the information:

(A) To assess the hazards of the chemicals to which employees will be
exposed;

(B) To conduct or assess sampling of the workplace atmosphere to
determine employee exposure levels;

(C) To conduct pre-assignment or periodic medical surveillance of
exposed employees;

(D) To provide medical treatment to exposed employees;

(E) To select or assess appropriate personal protective equipment for
exposed employees;

(F) To design or assess engineering controls or other protective
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
chemical identity is essential and that, in lieu thereof, the disclosure
of the following information would not enable the health professional,
employee or designated representative to provide the occupational health
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
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
maintain the confidentiality of the disclosed information; and,

(v) The health professional, employee, or designated representative and
the employer or contractor of the services of the health professional or
designated representative agree in a written confidentiality agreement
that the health professional, employee or designated representative will
not use the trade secret information for any purpose other than the health
need(s) asserted and agree not to release the information under any
circumstances other than to OSHA, as provided in paragraph (f)(7) of this
section, except as authorized by the terms of the agreement or by the
employer.

(5) The confidentiality agreement authorized by paragraph (f)(4)(iv) of
this section:

(i) May restrict the use of the information to the health purposes
indicated in the written statement of need;

(ii) May provide for appropriate legal remedies in the event of a
breach of the agreement, including stipulation of a reasonable
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
pursuing non-contractual remedies to the extent permitted by law.

(7) If the health professional, employee or designated representative
receiving the trade secret information decides that there is a need to
disclose it to OSHA, the employer who provided the information shall be
informed by the health professional prior to, or at the same time as, such
disclosure.

(8) If the employer denies a written request for disclosure of a
specific chemical identity, the denial must:

(i) Be provided to the health professional, employee or designated
representative within thirty days of the request;

(ii) Be in writing;

(iii) Include evidence to support the claim that the specific chemical
identity is a trade secret;

(iv) State the specific reasons why the request is being denied;
and,

(v) Explain in detail how alternative information may satisfy the
specific medical or occupational health need without revealing the
specific chemical identity.

(9) The health professional, employee, or designated representative
whose request for information is denied under paragraph (f)(4) of this
section may refer the request and the written denial of the request to
OSHA for consideration.

(10) When a heath professional employee, or designated representative
refers a denial to OSHA under paragraph (f)(9) of this section, OSHA shall
consider the evidence to determine if:

(i) The employer has supported the claim that the specific chemical
identity is a trade secret;

(ii) The health professional employee, or designated representative has
supported the claim that there is a medical or occupational health need
for the information; and

(iii) The health professional, employee or designated representative
has demonstrated adequate means to protect the confidentiality.

(11)(i) If OSHA determines that the specific chemical identity
requested under paragraph (f)(4) of this section is not a bona fide trade secret, or that it is a
trade secret but the requesting health professional, employee or
designated representatives has a legitimate medical or occupational health
need for the information, has executed a written confidentiality
agreement, and has shown adequate means for complying with the terms of
such agreement, the employer will be subject to citation by OSHA.

(ii) If an employer demonstrates to OSHA that the execution of a
confidentiality agreement would not provide sufficient protection against
the potential harm from the unauthorized disclosure of a trade secret
specific chemical identity, the Assistant Secretary may issue such orders
or impose such additional limitations or conditions upon the disclosure of
the requested chemical information as may be appropriate to assure that
the occupational health needs are met without an undue risk of harm to the
employer.

(12) Notwithstanding the existence of a trade secret claim, an employer
shall, upon request, disclose to the Assistant Secretary any information
which this section requires the employer to make available. Where there is
a trade secret claim, such claim shall be made no later than at the time
the information is provided to the Assistant Secretary so that suitable
determinations of trade secret status can be made and the necessary
protections can be implemented.

(13) Nothing in this paragraph shall be construed as requiring the
disclosure under any circumstances of process or percentage of mixture
information which is trade secret.

(g) Employee information. (1)
Upon an employee's first entering into employment, and at least annually
thereafter, each employer shall inform current employees covered by this
section of the following:

(i) The existence, location, and availability of any records covered by
this section;

(ii) The person responsible for maintaining and providing access to
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,
and make copies readily available, upon request, to employees. The
employer shall also distribute to current employees any informational
materials concerning this section which are made available to the employer
by the Assistant Secretary of Labor for Occupational Safety and
Health.

(h) Transfer of records. (1)
Whenever an employer is ceasing to do business, the employer shall
transfer all records subject to this section to the successor employer.
The successor employer shall receive and maintain these records.

(2) Whenever an employer is ceasing to do business and there is no
successor employer to receive and maintain the records subject to this
standard, the employer shall notify affected current employees of their
rights of access to records at least three (3) months prior to the
cessation of the employer's business.

(i) Appendices. The information
contained in appendices A and B to this section is not intended, by
itself, to create any additional obligations not otherwise imposed by this
section nor detract from any existing obligation.

Appendix A to §1910.1020—Sample Authorization Letter for the
Release of Employee Medical Record Information to a Designated
Representative (Non-Mandatory)

I, _____ (full name of worker/patient), hereby authorize ______
(individual or organization holding the medical records) to release to
______ (individual or organization authorized to receive the medical
information), the following medical information from my personal medical
records:

(Describe generally the information desired to be
released)

I give my permission for this medical information to be used for the
following purpose:

but I do not give permission for any other use or
re-disclosure of this information.

Note: Several
extra lines are provided below so that you can place additional
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)
specify a particular expiration date for this letter (if less than one
year); (2) describe medical information to be created in the future that
you intend to be covered by this authorization letter; or (3) describe
portions of the medical information in your records which you do not
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 §1910.1020—Availability of NIOSH Registry of
Toxic Effects of Chemical Substances (RTECS) (Non-Mandatory)

The final regulation, 29 CFR 1910.20, applies to all employee exposure
and medical records, and analyses thereof, of employees exposed to toxic
substances or harmful physical agents (paragraph (b)(2)). The term toxic substance or harmful physical
agent is defined by paragraph (c)(13) to encompass chemical
substances, biological agents, and physical stresses for which there is
evidence of harmful health effects. The regulation uses the latest printed
edition of the National Institute for Occupational Safety and Health
(NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) as one of
the chief sources of information as to whether evidence of harmful health
effects exists. If a substance is listed in the latest printed RTECS, the
regulation applies to exposure and medical records (and analyses of these
records) relevant to employees exposed to the substance.

It is appropriate to note that the final regulation does not require
that employers purchase a copy of RTECS, and many employers need not
consult RTECS to ascertain whether their employee exposure or medical
records are subject to the rule. Employers who do not currently have the
latest printed edition of the NIOSH RTECS, however, may desire to obtain a
copy. The RTECS is issued in an annual printed edition as mandated by
section 20(a)(6) of the Occupational Safety and Health Act (29 U.S.C.
669(a)(6)).

The Introduction to the 1980 printed edition describes the RTECS as
follows:

“The 1980 edition of the Registry of Toxic Effects of Chemical
Substances, formerly known as the Toxic Substances list, is the ninth
revision prepared in compliance with the requirements of Section 20(a)(6)
of the Occupational Safety and Health Act of 1970 (Public Law 91-596). The
original list was completed on June 28, 1971, and has been updated
annually in book format. Beginning in October 1977, quarterly revisions
have been provided in microfiche. This edition of the Registry contains
168,096 listings of chemical substances: 45,156 are names of different
chemicals with their associated toxicity data and 122,940 are synonyms.
This edition includes approximately 5,900 new chemical compounds that did
not appear in the 1979 Registry. (p. xi)

“The Registry's purposes are many, and it serves a variety of users. It
is a single source document for basic toxicity information and for other
data, such as chemical identifiers ad information necessary for the
preparation of safety directives and hazard evaluations for chemical
substances. The various types of toxic effects linked to literature
citations provide researchers and occupational health scientists with an
introduction to the toxicological literature, making their own review of
the toxic hazards of a given substance easier. By presenting data on the
lowest reported doses that produce effects by several routes of entry in
various species, the Registry furnishes valuable information to those
responsible for preparing safety data sheets for chemical substances in
the workplace. Chemical and production engineers can use the Registry to
identify the hazards which may be associated with chemical intermediates
in the development of final products, and thus can more readily select
substitutes or alternative processes which may be less hazardous. Some
organizations, including health agencies and chemical companies, have
included the NIOSH Registry accession numbers with the listing of
chemicals in their files to reference toxicity information associated with
those chemicals. By including foreign language chemical names, a start has
been made toward providing rapid identification of substances produced in
other countries. (p. xi)

“In this edition of the Registry, the editors intend to identify “all
known toxic substances” which may exist in the environment and to provide
pertinent data on the toxic effects from known doses entering an organism
by any route described. (p xi)

“It must be reemphasized that the entry of a substance in the Registry
does not automatically mean that it must be avoided. A listing does mean,
however, that the substance has the documented potential of being harmful
if misused, and care must be exercised to prevent tragic consequences.
Thus, the Registry lists many substances that are common in everyday life
and are in nearly every household in the United States. One can name a
variety of such dangerous substances: prescription and non-prescription
drugs; food additives; pesticide concentrates, sprays, and dusts;
fungicides; herbicides; paints; glazes, dyes; bleaches and other household
cleaning agents; alkalies; and various solvents and diluents. The list is
extensive because chemicals have become an integral part of our
existence.”

The RTECS printed edition may be purchased from the Superintendent of
Documents, U.S. Government Printing Office (GPO), Washington, DC 20402
(202-783-3238).

Some employers may desire to subscribe to the quarterly update to the
RTECS which is published in a microfiche edition. An annual subscription
to the quarterly microfiche may be purchased from the GPO (Order the
“Microfiche Edition, Registry of Toxic Effects of Chemical Substances”).
Both the printed edition and the microfiche edition of RTECS are available
for review at many university and public libraries throughout the country.
The latest RTECS editions may also be examined at the OSHA Technical Data
Center, Room N2439—Rear, United States Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210 (202-523-9700), or at any
OSHA Regional or Area Office (See,
major city telephone directories under United States Government-Labor
Department).

[53 FR 38163, Sept. 29, 1988; 53 FR 49981, Dec. 13, 1988, as
amended at 54 FR 24333, June 7, 1989; 55 FR 26431, June 28, 1990; 61 FR
9235, Mar. 7, 1996. Redesignated at 61 FR 31430, June 20, 1996, as amended
at 71 FR 16673, Apr. 3, 2006; 76 FR 33608, June 8, 2011]

For questions or comments regarding e-CFR editorial
content, features, or design, email [email-masked].
For questions
concerning e-CFR programming and delivery issues, email [email-masked].

732 North Capitol Street, NW, Washington, DC 20401-0001
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