Issue link: http://palletcentral.uberflip.com/i/973524
20 PalletCentral • March-April 2018 palletcentral.com SAFETY This standard is usually referenced with respect to sampling done to determine chemical exposure levels (such as wood dust, lead, benzene), but it also applies to noise sampling and the resulting data. Workers have the right to access relevant exposure and medical records and to know how OSHA's standard covers them if they may have been exposed to toxic substances or harmful physical agents (including noise or ototoxins). Access means the right to examine and copy medical and exposure records. Employees have the right to access exposure and medical records and analyses based on these records that concern their employment, as do their designated representatives. The worker may access any employee exposure records that show the measuring or monitoring of their own exposure to noise. If the employer does not have any records that specifically chart that worker's own exposure levels, the employee may access the exposure records of other employees who engage in similar work or working conditions and may have experienced similar exposures. Workers also may access any employee medical records concerning their health status that were created or maintained by a physician, nurse, health care professional, or technician. Employee medical records include documents such as medical and employment questionnaires or histories, results of medical examinations (including audiograms) and laboratory tests, medical opinions, diagnoses, progress notes, and recommendation, and even employee medical complaints. "Employee medical records" do not include records concerning health insurance claims that are kept separately from the employer's medical program and its records, as long as they are not accessible by employee name or other personal identifier (e.g., social security number or home address). The document access and preservation requirements also do not extend to records created only for use in litigation that are privileged from discovery. In summary, employers must not only ensure that noise levels are kept within legal limits and – where that is infeasible – ensure that workers are protected by appropriately-rated PPE. But the devil is in the paperwork and failure to keep accurate records and programmatic materials as required by standards 1910.95 and 1910.1020, can be costly. Workers may access any employee medical records concerning their health status that were created or maintained by a physician, nurse, health care professional, or technician.