29 Cfr 1910.1020

29 CFR 1910.1020 (up to date as of 4/16/2024)
Access to employee exposure and medical records.

29 CFR 1910.1020 (Apr. 16, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 29 —Labor
Subtitle B —Regulations Relating to Labor
Chapter XVII —Occupational Safety and Health Administration, Department of Labor
Part 1910 —Occupational Safety and Health Standards
Subpart Z —Toxic and Hazardous Substances
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2007 (72 FR 31159), 4-2010 (75 FR 55355) or 1-2012 (77 FR
3912), as applicable; and 29 CFR part 1911. All of subpart Z issued under 29 U.S.C. 655(b), except those substances that
have exposure limits listed in Tables Z-1, Z-2, and Z-3 of § 1910.1000. The latter were issued under 29 U.S.C. 655(a). Section
1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5 U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic
(organic compounds), benzene, cotton dust, and chromium (VI) listings. See Subpart Z of Part 1910 for more
Source: 39 FR 23502, June 27, 1974, unless otherwise noted. Redesignated at 40 FR 23072, May 28, 1975.
Source: 39 FR 23502, June 27, 1974, unless otherwise noted.

Editorial Note: Nomenclature changes to part 1910 appear at 84 FR 21597, May 14, 2019.
§ 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.
29 CFR 1910.1020(c)(1) (enhanced display)

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29 CFR 1910.1020 (up to date as of 4/16/2024)
Access to employee exposure and medical records.

29 CFR 1910.1020(c)(2)

(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

29 CFR 1910.1020(c)(6)(i)(E) (enhanced display)

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29 CFR 1910.1020 (up to date as of 4/16/2024)
Access to employee exposure and medical records.

29 CFR 1910.1020(c)(6)(i)(F)

(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).

29 CFR 1910.1020(c)(12)(i)(G) (enhanced display)

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29 CFR 1910.1020 (up to date as of 4/16/2024)
Access to employee exposure and medical records.

29 CFR 1910.1020(c)(12)(ii)

(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 nonionizing 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:

29 CFR 1910.1020(d)(1)(ii) (enhanced display)

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29 CFR 1910.1020 (up to date as of 4/16/2024)
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29 CFR 1910.1020(d)(1)(ii)(A)

(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; 1 and
(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.

29 CFR 1910.1020(e)(1)(iv) (enhanced display)

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29 CFR 1910.1020 (up to date as of 4/16/2024)
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29 CFR 1910.1020(e)(1)(v)

(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.

29 CFR 1910.1020(e)(2)(ii)(A) (enhanced display)

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29 CFR 1910.1020(e)(2)(ii)(B)

(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

29 CFR 1910.1020(e)(3)(i) (enhanced display)

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29 CFR 1910.1020 (up to date as of 4/16/2024)
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29 CFR 1910.1020(e)(3)(ii)

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;
29 CFR 1910.1020(f)(4)(ii)(A) (enhanced display)

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29 CFR 1910.1020(f)(4)(ii)(B)

(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.

29 CFR 1910.1020(f)(7) (enhanced display)

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29 CFR 1910.1020(f)(8)

(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.
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29 CFR 1910.1020 (up to date as of 4/16/2024)
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29 CFR 1910.1020(g)

(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.

29 CFR 1910.1020(i) (enhanced display)

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29 CFR 1910.1020(i)

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:

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29 CFR 1910.1020(i)

“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).
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29 CFR 1910.1020(i)

[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]
[1]

Material 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).

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