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

Forms and Documents

Document Name	Status
Form Appendix A Appendix A Form and Instruction	Modified
1218-0065 SSA Access to Medical Records 9.12..23 OSHA.docx Supporting Statement A	2023-09-15
eCFR (Access to Employee Exposure and medical Records.)doc.docx8-23.docx Supplementary Document	2023-08-15
eCFR (Access to Employee Exposure and medical Records.)doc.docx8-23.docx Supplementary Document	2023-08-14
OSH Act Section 8 USC 657 '20.pdf Supplementary Document	2023-08-14
OSH Act Section 6~29-USC-655 (1-21).pdf Supplementary Document	2023-08-14
OSH Act 651 ('18).docx Supplementary Document	2023-08-14
RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA ACCESS TO EMPLOYEE MEDICAL RECORDS eCFR — Code of Federal Regulations 03.02.20.pdf Supplementary Document	2020-03-03
Hazard Communication Standard eCFR — Code of Federal Regulations (03.02.20).pdf Supplementary Document	2020-03-03
Access to Employee Exposure and Medical Records eCFR — Code of Federal Regulations 03.02.20.pdf Supplementary Document	2020-03-03

IC Document Collections

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

ICR Details

OMB Control No: 1218-0065	ICR Reference No: 202308-1218-003
Status: Received in OIRA	Previous ICR Reference No: 201911-1218-005
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0065(2023)
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	Date Submitted to OIRA: 09/25/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2023
Responses	7,342,642	6,688,963
Time Burden (Hours)	816,012	755,475
Cost Burden (Dollars)	0	0

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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.

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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

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 38104	06/12/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 65754	09/25/2023
Did the Agency receive public comments on this ICR? No

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

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

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ICR Summary of Burden

	Total Request	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	7,342,642	6,688,963	0	0	653,679	0
Annual Time Burden (Hours)	816,012	755,475	0	0	60,537	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 60,537 burden hours from 755,475 to 816,012 hours. This is the result of an adjustment of the number of establishments used in this analysis based on updated data. The total number of establishments affected by the regulation increased from 766,684 to 790,164, a total increase of 23,480 establishments.

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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

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Common Form ICR:  No

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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: 09/25/2023

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