Access to Employee Exposure and Medical Records (29 CFR 1910.1020)

Forms and Documents

Document	Type	Status	Availability
Form Appendix A Appendix A	Form	Modified	Repair queued
RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA ACCESS TO EMPLOYEE MEDICAL RECORDS eCFR — Code of Federal Regulations 03.02.20.pdf	Supplementary Document	Uploaded 2020-03-03	Repair queued
Hazard Communication Standard eCFR — Code of Federal Regulations (03.02.20).pdf	Supplementary Document	Uploaded 2020-03-03	Available
Access to Employee Exposure and Medical Records eCFR — Code of Federal Regulations 03.02.20.pdf	Supplementary Document	Uploaded 2020-03-03	Available
1218-0065 Supporting Statement (20200406) Final (ROCIS).docx	Supporting Statement A	Uploaded 2020-04-06	Available
60-day Preclearance Notice (2020-02-05).pdf	Supplementary Document	Uploaded 2020-02-11	Available
OSH Act Section 2 USC 651.pdf	Supplementary Document	Uploaded 2013-11-25	Available
Section 6~29-USC-655_ (3).pdf	Supplementary Document	Uploaded 2013-11-25	Repair queued
Section 8~29-USC-657.pdf	Supplementary Document	Uploaded 2013-11-25	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
225683	Appendix A	Form	Modified
13974	Access to Employee Exposure and Medical Records (29 CFR 1910.1020)		Modified

ICR Details

OMB Control No: 1218-0065	ICR Reference No: 201911-1218-005
Status: Active	Previous ICR Reference No: 201611-1218-003
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0065(2020)
Title: Access to Employee Exposure and Medical Records (29 CFR 1910.1020)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/19/2020
	Date Received in OIRA: 04/15/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2023	36 Months From Approved	10/31/2020
Responses	6,688,963	0	6,437,597
Time Burden (Hours)	755,475	0	717,221
Cost Burden (Dollars)	0	0	0

---

Abstract: The Standard requires employers to preserve and provide access to records associated with workers' exposure to toxic chemicals and harmful physical agents. Employee records and access to them are critically important to the detection, treatment, and prevention of occupational illness and disease.

---

Authorizing Statute(s): US Code: 29 USC 651 Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 657 Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 655 Name of Law: Occupational Safety and Health Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 6580	02/05/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 21023	04/15/2020
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Appendix A	Appendix A	Sample Authorization Letter for the Release of Employee Medical Record Information to a Designated Representative (Non-Mandatory)
Access to Employee Exposure and Medical Records (29 CFR 1910.1020)

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	6,688,963	6,437,597	0	0	251,366	0
Annual Time Burden (Hours)	755,475	717,221	0	0	38,254	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Agency is requesting a burden hour adjustment increase of 38,254 burden hours from 717,221 to 755,475 hours. This is the result of an adjustment of the number of establishments used in this analysis based on updated data. The total estimated number of establishments affected by the regulation increased from 739,432 to 766,684, a total adjustment increase of 27,252 establishments.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/15/2020

---