- Standard Number:
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.
September 23, 1983
MEMORANDUM FOR: GERALD P. REIDY REGIONAL ADMINISTRATOR FROM: JOHN B. MILES JR., DIRECTOR OFFICE OF FIELD COORDINATION SUBJECT: [Company name withheld]
This is in response to your memorandum of August 26, 1983, concerning an employee of [company name withheld] who requested copies of his medical records pursuant to 29 CFR 1910..
The access standard (1910.) does not require an employee to fill out a release form when the employee is directly requesting copies of his or her records. Written authorization is necessary only when an employee has designated a representative to obtain access to his or her records.
An employer has the right to request whatever information is necessary from the employee in order to aid the employer in locating the records. Typically, this type of information would include dates and locations where the employee worked. The form used by [company name withheld], however, solicits information beyond what is necessary to locate the requested records.
Since the information required by 1910.(c)(12)(i)(G) is lacking from the employee's request, we recommend that the employees complaint be handled through our informal complaint mechanism set forth in the FOM. The employer should be informed of the alleged violation and of the information in the second and third paragraphs of this memorandum.