OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

January 21, l981

Mr. Charles L. Daniels
Arkansas Department of Labor
1022 High Street
Little Rock, Arkansas 72202

Dear Mr. Daniels:

Regional Administrator Gilbert J. Saulter asked me to respond to your inquiry concerning the application of 29 CFR 1910.1020 (Access to Employee Exposure and Medical Records) to 7(c)(1) consultation activity. Please accept my apology for the delay in this reply.

In order to be as concise as possible, I have summarized your questions and our answers below.

Question #1: Does 29 CFR 1910.1020 apply to employee exposure records created by 7(c)(1) consultation activity?

Answer: Yes

Question #2: If 1910.1020 does apply, which standard governs OSHA compliance officers' access to the records, 1910.1020 or 1908.6?

Answer: 1908.6.

Question #3: If 1910.1020 does apply, do employees have the right of access to consultation reports regarding employee exposure to toxic substances or harmful physical agents?

Answer: Employees have the right of access to any information in the consultation report which is considered an "employee exposure record" pursuant to 29 CFR 1910.1020(c)(5), and where such information is relevant to the employee. See 29 CFR 1910.1020(e)(2)(i)(A)-(D).

If further clarification is desired, please feel free to contact me.


Bruce Hillenbrand
Acting Director, Federal
Compliance and State Programs