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Employee Access to Medical Records Safety ProgramPurpose Applicability Policy {COMPANY} will ensure that those employees who request their exposure and medical records are provided with confidential, fair, and equal treatment. Responsibilities Managers/Unit Heads . Managers/Unit Heads are responsible for maintaining employees’ exposure and medical records and for ensuring compliance with this safety policy and procedure. Managers/Unit Heads are also responsible for providing employees with copies of their exposure and medical records when properly requested. Managers/Unit Heads will ensure the confidentiality of employees’ medical records.Supervisors. Supervisors will be responsible for educating and training employees about their rights under this safety policy and procedure. Employees. Exposure and medical records may be kept in an employee’s personnel files, in a physician’s office, or contained within claim files such as Workers’ Compensation. Safety Department. Safety and Loss Control will provide prompt assistance to managers/unit heads or others on any matter concerning this safety policy and procedure. Safety and Loss Control will assist in developing or securing required training for the effective implementation of this safety policy and procedure. Additionally, Safety Engineers will provide consultative and audit assistance to ensure effective implementation of this safety policy and procedure.
Definitions Access: The right and opportunity to examine, copy, or use any or all exposure and medical records.Designated Representative: Any individual or organization to who an employee gives written authorization to exercise a right of access to exposure or medical records.Employee: An individual who is employed by {COMPANY} and who is being assigned or transferred to work where there will be exposure to toxic substances or harmful physical agents. In a case where the employee is deceased, the employee’s legal representative may directly exercise all of the employee’s rights under this policy.Employee Exposure Record: A record containing information on the type of environment or hazards present in the workplace.Employee Medical Record: A record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel.Exposure: A condition that occurs when an employee is subjected to toxic or hazardous environments as a result of his or her job duties.Health Professional: A physician, occupational health nurse, industrial hygienist, toxicologist, or epidemiologist providing medical care or other occupational health services to exposed employees.Record: Any item, collection, or grouping of information regardless of the form or process by which it is maintained.Toxic Substance: Any chemical substance, biological agent (bacteria, virus, etc.), or physical stress (noise, heat, cold, vibration, etc.) to which employees could have been exposed as a result of performing their job function.Procedures & Provisions Access to Records Whenever an employee or a designated representative of an employee requests access to exposure and/or medical records, {COMPANY} will provide these documents within 15 working days. If records cannot be provided within this time period, the employee or representative must be informed and given a date on which the records will be provided along with a reason for the delay. These records will be provided to the employee or representative at no cost for reproduction or for the document search itself. Employee Exposure and Medical Records Upon request, {COMPANY} must provide the employee or employee’s designated representative access to employee exposure records. If no records exist, the employer must provide records of other employees with job duties similar to those of the employee. Access to exposure records does not require the written consent of the other employees. In addition, these exposure records must reasonably indicate the identity, amount, and nature of the toxic substances or harmful physical agents to which the employee has been exposed. {COMPANY} also must provide employees and their designated representatives access to employee medical records. Access to the medical records of another employee may be provided only with the written consent of that employee. A request for medical records can be made by using the form (or one substantially similar) shown in this chapter. {COMPANY} is responsible for maintaining employee medical records for the duration of employment plus 30 years. This recordkeeping does not include health insurance claims, first aid records (not including medical histories) of one-time treatment, and medical records of employees who have worked less than a year for {COMPANY}. Employee exposure records and data analysis are to be maintained for 30 years. It is the responsibility of the employee to initiate any request for access to his or her medical records as outlined in this safety policy and procedure. {COMPANY} Representation by a Physician {COMPANY} may request that a physician be appointed to review medical records with the employee or employee’s designated representative to ensure records are reviewed and properly interpreted. The physician may deny the employee access to records if the physician detects a situation which may be detrimental to the health of the employee such as the identification of terminal illness or a psychiatric condition. .In such cases, the employee’s designated representative may request the records even if it is known that the representative may disclose the information to the employee. OSHA Access to Records Upon receiving a written request from OSHA, {COMPANY} will supply OSHA with any exposure or medical records
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