620 Ind. Admin. Code 1-1-16

Current through November 6, 2024

Section 620 IAC 1-1-16 - Employee exposure and medical records; preservation; inspection

Authority: IC 22-8-1.1-7

Affected: IC 22-8-1.1-15

Sec. 16.

Subpart C-General Safety and Health Provisions. (1910.20) Preservation of records.

(a) Scope and application. This section applies to each employer who makes, maintains or has access to employee exposure records or employee medical records.

(b) Definitions. "Employee exposure record" means a record of monitoring or measuring which contains qualitative or quantitative information indicative of employee exposures to toxic materials or harmful physical agents. This includes both individual exposure records and general research or statistical studies based on information collected from exposure records.

"Employee medical record" means a record which contains information concerning the health status of an employee or employees exposed or potentially exposed to toxic materials or harmful physical agents. These records may include, but are not limited to:

(1) The results of medical examinations and tests;

(2) Any opinions or recommendations of a physician or other health professional concerning the health of an employee or employees; and

(3) Any employee medical complaints relating to workplace exposure. Employee medical records include both individual medical records and general research or statistical studies based on information collected from medical records.

(c) Preservation of records. Each employer who makes, maintains, or has access to employee exposure records or employee medical records shall preserve these records.

(d) Availability of records. The employer shall make available, upon request, to the Commissioner of Labor, for Indiana Occupational Safety and Health Administration, Indiana Division of Labor, or a designee, all employee medical records for examination and copying.

620 IAC 1-1-16

Occupational Safety Standards Commission; Subpart C, 1910.20; filed Feb 1, 1979, 3:39 pm: 2 IR 309; filed Aug 9, 1979, 9:35 am: 2 IR 1220; readopted filed November 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFA

Readopted filed 11/27/2019, 3:35 p.m.: 20191225-IR-620190506RFA