Employee Access to Workplace Medical and Exposure Records

Many employers are unaware of significant employee rights under OSHA regulation 29 CFR 1910.  1020 to access certain records relating to their employment.  This can often be a vehicle for OSHA citations, as well as worker's compensation claims or product liability litigation.  These same regulations impose significant employer obligations to retain these records for periods of time well past the end of the employment relationship and to make them available to former employees.  In addition, such records may be accessed by the employee's legal representative, including union representatives, under certain conditions.