HR Manager

pstringer

Can anyone clarify an OSHA regulation for me? 1910.1020 (c) (6) (i) defines an employee medical record as "a record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician..." An OSHA consultant has advised us that any medical history questionnaire completed by the employee at the time of hire and annually thereafter (which is required by our Worker's Comp Insurance Company for Second Injury Fund purposes) is considered an employee medical record and therefore, must be kept for 30 years after the employee's termination.

If this is true, this could create a huge storage problem for all employers subject to OSHA. My opinion (for whatever it is worth) is that this record is created and maintained by the employer - not a physician, other healthcare personnel or technician - and is not related in any way to a work related injury or exposure. Can anyone help me on this?

ACU Frank

I've seen that 30-year figure also, and I agree it's ridiculous.

Nevada HR

In Nevada, employee medical records can be disposed of six years after receipt or production, except for police or fire.

However, it's 30 years if the employee has hazardous exposures ( toxins, bloodborne pathogens, dust, mold, asbestos, etc.)

ACU Frank

How does Nevada get around that?

joannie

An attorney explained this to me. The key phrase is "hazardous exposures". If an employee has not had a hazardous exposure, you are not required to keep the records.