OSHA Access to Medical Records Training

Under the Occupational Safety and Health Act, employees have the right to access their medical records when it is deemed necessary for the detection, treatment or prevention of suspected occupational diseases or environmental exposure to hazards. Training is an effective way to outline the policies for medical records access to employees.

Requests

Medical records training informs workers on the policy for requesting medical records. Employees, or their representatives, must submit a written request to their employer to obtain access to records. The information must be distributed to the employee by the employer within a reasonable time frame.

Cost

Copies of medical records come at no charge to the employee. They are given access to the equipment needed to make copies of the records, also at no cost.

Exceptions

Employers have the right to withhold medical records from employees if the employer's representative, such as a physician, deems the information in the medical record to be detrimental to the employee. For example, if a medical record contains information about an employee's terminal illness or psychiatric condition, this allows the employer to release the medical records only to the employee's representative.

Confidentiality

Employers must comply with the privacy standards outlined in the Health Insurance Portability and Accountability Act as they pertain to medical records. It is a HIPAA violation to release medical records to outside entities without an employee's written authorization.

References

• OSHA: Access to Employee Exposure and Medical Records
• Department of Health and Human Services: Health Information Privacy