Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Purpose. The purpose of this section is
to provide employees and their designated representatives and authorized
representatives of the Chief of the Division of Occupational Safety and Health
(DOSH) a right of access to relevant exposure and medical records. Access by
employees, their representatives, and representatives of DOSH is necessary to
yield both direct and indirect improvements in the detection, treatment, and
prevention of occupational disease. Each employer is responsible for assuring
compliance with this section, but the activities involved in complying with the
access to medical records provisions can be carried out, on behalf of the
employer, by the physician or other health care personnel in charge of employee
medical records. Except as expressly provided, nothing in this section is
intended to affect existing legal and ethical obligations concerning the
maintenance and confidentiality of employee medical information, the duty to
disclose information to a patient/employee or any other aspect of the
medical-care relationship, or affect existing legal obligations concerning the
protection of trade secret information.
(b) Scope and Application.
(1) This section applies to each employer who
makes, maintains, contracts for, or has access to employee exposure or medical
records, or analyses thereof, pertaining to employees exposed to toxic
substances or harmful physical agents.
(2) This section applies to all employee
exposure and medical records, and analyses thereof, of employees exposed to
toxic substances or harmful physical agents, whether or not the records are
related to specific occupational safety and health standards.
(3) This section applies to all employee
exposure and medical records, and analyses thereof, made or maintained in any
manner by the employer, both on an in-house and on a contractual (e.g.,
fee-for-service) basis. Each employer shall assure that the preservation and
access requirements of this section are complied with regardless of the manner
in which records are made or maintained.
(c) Definitions.
(1) Access. The right and opportunity to
examine and copy.
(2) Analysis
Using Exposure or Medical Records. Any compilation of data, or any research,
statistical or other study based at least in part on information collected from
individual employee exposure or medical records or information collected from
health insurance claims records, provided that either the analysis has been
reported to the employer or no further work is currently being done by the
person responsible for preparing the analysis.
(3) Designated Representative. Any individual
or organization to whom an employee gives written authorization to exercise a
right of access. A recognized or certified collective bargaining agent shall be
treated automatically as a designated representative for the purpose of access
to employee exposure records and analyses using exposure or medical records,
but access to an employee's medical records requires the employee's written
consent.
(4) Employee. A current
employee, a former employee, or an employee being assigned or transferred to
work where there will be exposure to toxic substances or harmful physical
agents. For the purpose of this section, a deceased or legally incapacitated
employee's legal representative may exercise all of the employee's rights under
this section.
(5) Employee Exposure
Record. A record containing any of the following kinds of information
concerning employee exposure to toxic substances or harmful physical agents:
(A) Environmental (workplace) monitoring or
measuring, including personal, area, grab, wipe, or other form of sampling, as
well as related collection and analytical methodologies, calculations, and
other background data relevant to interpretation of the results
obtained;
(B) Biological monitoring
results which directly assess the absorption of a toxic substance or harmful
physical agent by body systems (e.g., the level of chemical in the blood,
urine, breath, hair, fingernails, etc.) but not including results which assess
the biological effect of a substance or agent or which assess an employee's use
of alcohol or drugs;
(C) Safety
data sheets indicating that the material may pose a hazard to human health;
or
(D) In the absence of (A), (B)
or (C) above, a record, such as a chemical inventory or any other record, which
reveals the identity (e.g., chemical, common, or trade name) of a toxic
substance or harmful physical agent and where and when the toxic substance or
harmful physical agent was used.
(6) 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, or technician.
(A) Employee medical record includes the
following:
1. Medical and employment
questionnaires or histories (including job description and occupational
exposures);
2. The results of
medical examinations (pre-employment, pre-assignment, periodic, or episodic)
and laboratory tests (including chest and other X-ray examinations taken for
the purposes of establishing a base-line or detecting occupational illness, and
all biological monitoring not defined as an "employee exposure
record");
3. Medical opinions,
diagnoses, progress notes, and recommendations;
4. First-aid records;
5. Descriptions of treatments and
prescriptions; and
6. Employee
medical complaints.
(B)
Employee medical record does not include medical information in the form of:
1. Physical specimens (e.g. blood or urine
samples) which are routinely discarded as a part of normal medical practice;
or
2. Records concerning health
insurance claims if maintained separately from the employer's medical program
and its records, and not accessible to the employer by employee name or other
direct personal identifier (e.g., social security number, payroll number,
etc.); or
3. Records created solely
in preparation for litigation which are protected from discovery under the
applicable rules of procedure or evidence; or
4. Records concerning voluntary employee
assistance programs (alcohol, drug abuse, or personal counseling programs) if
maintained separately from the employer's medical program and its
records.
(7)
Employer. A current employer, a former employer, or a successor
employer.
(8) Exposure or Exposed.
Employee subjection to a toxic substance or harmful physical agent in the
course of employment through any route of entry (inhalation, ingestion, skin
contact or absorption, etc.), and includes past exposure and potential (e.g.,
accidental or possible) exposure, but does not include situations where the
employer can demonstrate that the toxic substance or harmful physical agent is
not used, handled, stored, generated, or present in the workplace in any manner
different from typical non-occupational situations.
(9) Health Professional. A physician,
occupational health nurse, industrial hygienist, toxicologist, or
epidemiologist providing medical or other occupational health services to
exposed employees.
(10) Record. Any
item, collection, or grouping of information regardless of the form or process
by which it is maintained (e.g., paper document, microfiche, microfilm, X-ray
film, or automated data processing).
(11) Specific Chemical Identity. The chemical
name, Chemical Abstracts Service (CAS) Registry Number, or any other
information that reveals the precise chemical designation of the
substance.
(12) Specific Written
Consent.
(A) A written authorization
containing the following:
1. The name and
signature of the employee authorizing the release of medical
information;
2. The date of the
written authorization;
3. The name
of the individual or organization that is authorized to release the medical
information;
4. The name of the
designated representative (individual or organization) that is authorized to
receive the released information;
5. A general description of the medical
information that is authorized to be released;
6. A general description of the purpose for
release of the medical information; and
7. A date or condition upon which the written
authorization will expire (if less than one year).
(B) A written authorization does not operate
to authorize the release of medical information not in existence on the date of
written authorization, unless the release of future information is expressly
authorized, and does not operate for more than one year from the date of
written authorization.
(C) A
written authorization may be revoked in writing prospectively at any
time.
(13) Toxic
Substance or Harmful Physical Agent. Any chemical substance, biological agent
(bacteria, virus, fungus, etc.), or physical stress (noise, heat, cold,
vibration, repetitive motion, ionizing and non-ionizing radiation, hypo- or
hyperbaric pressure, etc.) which:
(A) Is
regulated by any California or Federal law or rule due to a hazard to
health;
(B) Is listed in the latest
printed edition of the National Institute for Occupational Safety and Health
(NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) (See Appendix
B);
(C) Has yielded positive
evidence of an acute or chronic health hazard in human, animal, or other
biological testing conducted by, or known to, the employer; or
(D) Is the subject of a safety data sheet
kept by or known to the employer which indicates that the material may pose a
hazard to human health.
(14) Trade Secret. Any confidential formula,
pattern, process, device, or information or compilation of information that is
used in an employer's business and that gives the employer an opportunity to
obtain an advantage over competitors who do not know or use
it.
(d) Preservation of
Records.
(1) Unless a specific occupational
safety and health regulation provides a different period of time, each employer
shall assure the preservation and retention of records as follows:
(A) Employee Medical Records. The medical
record for each employee shall be preserved and maintained for at least the
duration of employment plus thirty (30) years, except that the following types
of records need not be retained for any specific period:
1. Health insurance claims records maintained
separately from the employer's medical program and its records;
2. First aid records (not including medical
histories) of one-time treatment and subsequent observation of minor scratches,
cuts, burns, splinters, and the like which do not involve medical treatment,
loss of consciousness, restriction of work or motion, or transfer to another
job, if made on-site by a non-physician and if maintained separately from the
employer's medical program and its records; and
3. The medical records of employees who have
worked for less than (1) year for the employer need not be retained beyond the
term of employment if they are provided to the employee upon the termination of
employment.
(B) Employee
Exposure Records. Each employee exposure record shall be preserved and
maintained for at least thirty (30) years, except that:
1. Background data to environmental
(workplace) monitoring or measuring, such as laboratory reports and worksheets,
need only be retained for one (1) year so long as the sampling results, the
collection methodology (sampling plan), a description of the analytical and
mathematical methods used, and a summary of other background data relevant to
interpretation of the results are retained for at least thirty (30)
years;
2. Safety data sheets shall
be retained as necessary to comply with the provisions of section
5194. Where safety data sheets are
destroyed, a record of the identity (chemical name if known) of the substance
or agent, where it was used, and when it was used shall be retained for at
least thirty years; and
3. Section
3204(c)(5)(D)
records concerning the identity of a substance or agent need not be retained
for any specified period as long as some record of the identity (chemical name
if known) of the substance or agent, where it was used, and when it was used is
retained for at least thirty years.
4. Biological monitoring results designated
as exposure records by specific occupational safety and health regulations
shall be preserved and maintained as required by the specific
regulation.
(C) Analyses
Using Exposure or Medical Records. Each analysis using exposure or medical
records shall be preserved and maintained for at least thirty (30)
years.
(2) Nothing in
this section is intended to mandate the form, manner, or process by which an
employer preserves a record so long as the information contained in the record
is preserved and retrievable, except that chest X-ray films shall be preserved
in their original state.
(e) Access to Records.
(1) General.
(A) Whenever an employee or designated
representative requests access to a record, the employer shall assure that
access is provided in a reasonable time, place, and manner, but in no event
later than fifteen (15) days after the request for access is made. Before the
time for providing access has expired, an employer after notice to the employee
or designated representative may, by notification to be followed in writing,
request an extension of time from the Chief, Division of Occupational Safety
and Health, which shall be granted upon a finding of good cause by the
Chief.
(B) The employer may require
of the requester only such information as should be readily known to the
requester and which may be necessary to locate or identify the records being
requested (e.g., dates and locations where the employee worked during the time
period in question).
(C) Whenever
an employee or designated representative requests a copy of a record, the
employer shall assure that either:
1. A copy
of the record is provided without cost to the employee or designated
representative;
2. The necessary
mechanical copying facilities (e.g. photocopying) are made available without
cost to the employee or designated representative for copying the record;
or
3. The record is loaned to the
employee or designated representative for a reasonable time to enable a copy to
be made.
(D) In the case
of an original X-ray, the employer may restrict access to on-site examination
or make other suitable arrangements for the temporary loan of the
X-ray.
(E) Whenever a record has
been provided previously without cost to an employee or designated
representative, the employer may charge reasonable, non-discriminatory
administrative costs (i.e., search and copying expenses but not including
overhead expenses) for additional copies of the record.
EXCEPTIONS:
1.
An employer shall not charge for an initial request for a copy of new
information that has been added to a record which was previously
provided.
2. An employer shall not
charge for an initial request by a recognized or certified collective
bargaining agent for a copy of an employee exposure record or an analysis using
exposure or medical records.
(F) Nothing in this section is intended to
preclude employees and collective bargaining agents from collectively
bargaining to obtain access to information in addition to that available under
this section.
(G) Whenever an
employee requests access to a specific written consent submitted to the
employer, the employer shall comply pursuant to the provisions for affording
employee access to records stipulated by sections
3204(e)(1)(A)-(C).
(2) Employee and Designated Representative
Access.
(A) Employee Exposure Records.
1. Except as limited by section
3204(f), each
employer shall, upon request, assure the access of each employee and designated
representative to employee exposure records relevant to the employee. For the
purpose of this section, exposure records relevant to the employee consist of:
a. A record containing measurements or
monitoring results of the amount of a toxic substance or harmful physical agent
to which the employee is or has been exposed;
b. In the absence of such directly relevant
records, such records of other employees with past or present job duties or
working conditions related to or similar to those of the employee to the extent
necessary to reasonably indicate the amount and nature of the toxic substances
or harmful physical agents to which the employee is or has been subjected;
and
c. Exposure records to the
extent necessary to reasonably indicate the amount and nature of the toxic
substance or harmful physical agent at workplaces or working conditions to
which the employee is being assigned or transferred.
2. Requests by designated representatives for
unconsented access to employee exposure records shall be in writing and shall
specify with reasonable particularity:
a. The
records requested to be disclosed; and
b. The occupational health need for gaining
access to these records.
(B) Employee Medical Records.
1. Each employer shall, upon request, assure
the access of each employee to employee medical records of which the employee
is the subject, except as provided in section
3204(e)(2)(B)4.
2. Each employer shall, upon request, assure
the access of each designated representative to the employee medical records of
any employee who has given the designated representative specific written
consent.
NOTE: Appendix A to this section contains a sample form
which may be used to establish specific written consent for access to employee
medical records.
3. Whenever
access to employee medical records is requested in accordance with section
3204(e)(2)(B)1 or
2, a physician representing the
employer may recommend that the employee or designated representative: consult
with the physician for the purposes of reviewing and discussing the records
requested; accept a summary of material facts and opinions in lieu of the
records requested; or accept release of the requested records only to a
physician or other designated representative.
4. Whenever an employee requests access to
his or her employee medical records and a physician representing the employer
believes that direct employee access to information contained in the records
regarding a specific diagnosis of a terminal illness or a psychiatric condition
could be detrimental to the employee's health, the employer may deny the
employee's request for direct access to this information only, and the employer
shall inform the employee that access will only be provided to a designated
representative of the employee having specific written consent.
5. Where a designated representative with
specific written consent requests access to information withheld in accordance
with section
3204(e)(2)(B)4,
the employer shall assure the access of the designated representative to this
information even when it is known that the designated representative will give
the information to the employee.
NOTE: Nothing in this section precludes a physician,
nurse, or other responsible health care personnel maintaining employee medical
records from deleting from requested medical records the identity of a family
member, personal friend, or fellow employee who has provided confidential
information concerning an employee's health status.
(C) Analyses Using Exposure or Medical
Records.
1. Each employer shall, upon request,
assure the access of each employee and designated representative to each
analysis using exposure or medical records concerning the employee's working
conditions or workplace.
2.
Whenever access is requested to an analysis which reports the contents of
employee medical records by either direct identifier (name, address, social
security number, payroll number, etc.) or by information which could reasonably
be used under the circumstances indirectly to identify specific employees
(exact age, height, weight, race, sex, date of initial employment, job title,
etc.), the employer shall assure that personal identifiers are removed before
access is provided. If the employer can demonstrate that removal of personal
identifiers from an analysis is not feasible, access to the personally
identifiable portions of the analysis need not be
provided.
(3)
Division of Occupational Safety and Health Access.
(A) Each employer shall, upon request, and
without derogation of any rights under the Constitution of the United States,
the Constitution of the State of California or the California Occupational
Safety and Health Act of 1973, Labor Code sections
6300 et seq.,
that the employer chooses to exercise, assure the prompt access of
representatives of the Chief of the Division of Occupational Safety and Health
(DOSH) to employee exposure and medical records and to analyses using exposure
or medical records.
(B) Whenever
DOSH seeks access to personally identifiable employee medical information by
presenting to the employer a written access order, the employer shall
prominently post a copy of the written access order and its accompanying cover
letter for at least fifteen (15) working days.
(f) Trade Secrets.
(1) Except as provided in section
3204(f)(2),
nothing in this section precludes an employer from deleting from records
requested by a health professional, an employee or designated representative
any trade secret data which discloses manufacturing processes, or discloses the
percentage of a chemical substance in a mixture, as long as the health
professional, employee or designated representative is notified that such
information has been deleted. Whenever deletion of trade secret information
substantially impairs evaluation of the place where or the time when exposure
to a toxic substance or harmful physical agent occurred, the employer shall
provide alternative information which is sufficient to permit the requesting
party to identify where and when exposure occurred.
(2) The employer may withhold the specific
chemical identity, including the chemical name and other specific
identification of a toxic substance from a disclosable record provided that:
(A) Evidence is included to support the claim
that the information withheld is a trade secret;
(B) All other available information on the
properties and effects of the toxic substance is disclosed;
(C) The employer informs the requesting party
that the specific chemical identity is being withheld as a trade secrete;
and
(D) The specific chemical
identity is made available to health professionals, employees and designated
representatives in accordance with the specific applicable provisions of this
subsection, section
3204(f).
(3) Where a treating physician or nurse
determines that a medical emergency exists and the specific chemical identity
of a toxic substance is necessary for emergency or first-aid treatment, the
employer shall immediately disclose the specific chemical identity of a trade
secret chemical to the treating physician or nurse, regardless of the existence
of a written statement of need or a confidentiality agreement. The employer may
require a written statement of need and confidentiality agreement, in
accordance with the provisions of section
3204(f)(4) and
(f)(5), as soon as circumstances
permit.
(4) In non-emergency
situations, an employer shall, upon request, disclose a specific chemical
identity, otherwise permitted to be withheld under section
3204(f)(2), to a
health professional, employee, or designated representative if:
(A) The request is in writing;
(B) The request describes with reasonable
detail one or more of the following occupational health needs for the
information:
1. To assess the hazards of the
chemicals to which employees will be exposed;
2. To conduct or assess sampling of the
workplace atmosphere to determine employee exposure levels;
3. To conduct pre-assignment or periodic
medical surveillance of exposed employees;
4. To provide medical treatment to exposed
employees;
5. To select or assess
appropriate personal protective equipment for exposed employees;
6. To design or assess engineering controls
or other protective measures for exposed employees; and
7. To conduct studies to determine the health
effects of exposure.
(C)
The request explains in detail why the disclosure of the specific chemical
identity is essential and that in lieu thereof, the disclosure of the following
information would not enable the health professional, employee or designated
representative to provide the occupational health services described in section
3204(f)(4)(B):
1. The properties and effects of the
chemical;
2. Measures for
controlling worker's exposure to the chemical;
3. Methods of monitoring and analyzing
worker's exposure to the chemical; and
4. Methods of diagnosing and treating harmful
exposures to the chemical.
(D) The request includes a description of the
procedures to be used to maintain the confidentiality of the disclosed
information; and
(E) The health
professional, employee or designated representative and the employer or
contractor of the services of the health professional or designated
representative agree in a written confidentiality agreement that the health
professional, employee or designated representative will not use the trade
secret information for any purpose other than the health needs(s) asserted and
agree not to release the information under any circumstances other than to
DOSH, as provided in section
3204(f)(9), except
as authorized by the terms of the agreement or by the
employer.
(5) The
confidentiality agreement authorized by section
3204(f)(4)(D):
(A) May restrict the use of the information
to the health purposes indicated in the written statement of need;
(B) May provide for appropriate legal
remedies in the event of a breach of the agreement, including stipulation of a
reasonable pre-estimate of likely damages; and
(C) May not include requirements for the
posting of a penalty bond.
(6) Nothing in this section is meant to
preclude the parties from pursuing non-contractual remedies to the extent
permitted by law.
(7) If the health
professional, employee or designated representative receiving the trade secret
information decides that there is a need to disclose it to DOSH, the employer
who provided the information shall be informed by the health professional prior
to, or at the same time as, such disclosure.
(8) If the employer denies a written request
for disclosure of a specific chemical identity, the denial must:
(A) Be provided to the health professional,
employee or designated representative within thirty days of the
request:
(B) Be in
writing;
(C) Include evidence to
support the claim that the specific chemical identity is a trade
secret;
(D) State the specific
reasons why the request is being denied; and
(E) Explain in detail how alternative
information may satisfy the specific medical or occupational health need
without revealing the specific chemical identity.
(9) The health professional, employee or
designated representative whose request for information is denied under section
3204(f)(4) may
refer the request and the written denial of the request to DOSH for
consideration.
(10) When a health
professional, employee or designated representative refers a denial to DOSH
under section
3204(f)(9), DOSH
shall consider the evidence to determine if:
(A) The employer has supported the claim that
the specific chemical identity is a trade secret;
(B) The health professional, employee or
designated representative has supported the claim that there is a medical or
occupational health need for the information; and
(C) The health professional, employee or
designated representative has demonstrated adequate means to protect the
confidentiality.
(11)
(A) If DOSH determines that the specific
chemical identity requested under section
3204(f)(4) is not
a bona fide trade secret, or that it is a trade secret but the requesting
health professional, employee or designated representative has a legitimate
medical or occupational health need for the information and has executed a
written confidentiality agreement with adequate means for complying with the
terms of such agreement, the employer will be subject to citation by
DOSH.
(B) If an employer
demonstrates to DOSH that the execution of a confidentiality agreement would
not provide sufficient protection against the potential harm from the
unauthorized disclosure of a specific chemical identity trade secret, the Chief
of DOSH may issue such orders or impose such additional limitations or
conditions upon the disclosure of the requested chemical information as may be
appropriate to assure that the occupational health needs are met without an
undue risk of harm to the employer.
(12) Notwithstanding the existence of a trade
secret claim, and employer shall, upon request, disclose to the Chief of DOSH
any information which this section requires the employer to make available.
Where there is a trade secret claim, such claim shall be made no later than at
the time the information is provided to the Chief of DOSH so that dutiable
determinations of trade secret status can be made and the necessary protection
can be implemented.
(13) Nothing in
this section shall be construed as requiring the disclosure under any
circumstances of process or percentage of mixture information which is a trade
secret.
(g) Employee
Information.
(1) Upon an employee's first
entering into employment, and at least annually thereafter, each employer shall
inform current employees covered by this section of the following:
(A) The existence, location, and availability
of any records covered by this section;
(B) The person responsible for maintaining
and providing access to records; and
(C) Each employee's rights of access to these
records.
(2) Each
employer shall keep a copy of this section and its appendices and make copies
readily available, upon request, to employees. The employer shall also
distribute to current employees any informational materials concerning this
section which are made available to the employer by the Chief of
DOSH.
(h) Transfer of
Records.
(1) Whenever an employer is ceasing
to do business, the employer shall transfer all records subject to this section
to the successor employer. The successor employer shall receive and maintain
these records.
(2) Whenever an
employer is ceasing to do business and there is no successor employer to
receive and maintain the records subject to this standard, the employer shall
notify affected employees of their rights of access to records at least three
(3) months prior to the cessation of the employer's business.
(3) Whenever an employer either is ceasing to
do business and there is no successor employer to receive and maintain the
records, or intends to dispose of any records required to be preserved for at
least thirty (30) years, the employer shall:
(A) Transfer the records to the Director of
the National Institute for Occupational Safety and Health (NIOSH) if so
required by a specific occupational safety and health standard; or
(B) Notify the Director of NIOSH in writing
of the impending disposal of records at least three (3) months prior to the
disposal of the records.
(4) Where an employer regularly disposes of
records required to be preserved for at least thirty (30) years, the employer
may, with at least three (3) month's notice, notify the Director of NIOSH on an
annual basis of the records intended to be disposed of in the coming
year.
(i) Appendices. The
information contained in the appendices to this section is not intended, by
itself, to create any additional obligations not otherwise imposed by this
section or to detract from any existing obligation.
Appendix A
Sample Authorization Letter for the Release of Employee
Medical Record Information to a Designated Representative
I, ______________________________, (full name of
worker/patient) hereby authorize ____________________ (individual or
organization holding the medical records) to release to ____________________
(individual or organization authorized to receive the medical information), the
following medical information from my personal medical records:
(Describe generally the information desired to be
released.)
I give my permission for this medical information to be
used for the following purpose: ____________________, but I do not give
permission for any other use or re-disclosure of this information.
(NOTE.--You may want to place additional restrictions on
this authorization letter. For example, you may want to (1) specify a
particular expiration date for this letter (if less than one year); (2)
describe medical information to be created in the future that you intend to be
covered by this authorization letter;or (3) describe portions of the medical
information in your records which you do not intend to be released as a result
of this letter.) [Your right of access to a specific written consent form
submitted to your employer is provided by section
3204(e)(1)(D).]
___________________________
Full name of Employee or Legal Representative
___________________________
Signature of Employee or Legal Representative
___________________________
Date of Signature
Appendix B
Availability of NIOSH Registry of Toxic Effects of
Chemical Substances (RTECS)
Section
3204 applies to all employee
exposure and medical records, and analyses thereof, of employees exposed to
toxic substances or harmful physical agents [subsection (b)(2)]. The term"toxic
substance or harmful physical agent" is defined by section
3204(c)(13) to
encompass chemical substances, biological agents, and physical stresses for
which there is evidence of harmful health effects. The regulation uses the
latest printed edition of the National Institute for Occupational Safety and
Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) as one
of the chief sources of information as to whether evidence of harmful health
effects exists. If a substance is listed in the latest printed RTECS, the
regulation applies to exposure and medical records (and analyses of these
records) relevant to employees exposed to the substance.
It is appropriate to note that the regulation does not
require that employers purchase a copy of RTECS; and many employers need not
consult RTECS to ascertain whether their employee exposure or medical records
are subject to the regulation. Employers who do not currently have the latest
printed edition of the NIOSH RTECS, however, may desire to obtain a copy. The
RTECS is issued in an annual printed edition as mandated by section
20(a)(6) of the
Occupational Safety and Health Act [29 U.S.C.
669(a)(6)].
The Introduction to the 1980 printed edition describes
the RTECS as follows:
"The 1980 edition of the Registry of Toxic Effects of
Chemical Substances, formerly known as the Toxic Substances list, is the ninth
revision prepared in compliance with the requirements of section
20(a)(6) of the
Occupational Safety and Health Act of 1970 (Public Law 91-596). The original
list was completed on June 28, 1971, and has been updated annually in book
format. Beginning in October 1977, quarterly revisions have been provided in
microfiche. This edition of the Registry contains 168,096 listings of chemical
substances: 45,156 are names of different chemicals with their associated
toxicity data and 122,940 are synonyms. This edition includes approximately
5,900 new chemical compounds that did not appear in the 1979 Registry." (p.
xi)
"The Registry's purposes are many, and it serves a
variety of users. It is a single source document for basic toxicity information
and for other data, such as chemical identifiers and information necessary for
the preparation of safety directives and hazard evaluations for chemical
substances. The various types of toxic effects linked to literature citations
provide researchers and occupational health scientists with an introduction to
the toxicological literature, making their own review of the toxic hazards of a
given substance easier. By presenting data on the lowest reported doses that
produce effects by several routes of entry in various species, the Registry
furnishes valuable information to those responsible for preparing safety data
sheets for chemical substances in the workplace. Chemical and production
engineers can use the Registry to identify the hazards which may be associated
with chemical intermediates in the development of final products, and thus can
more readily select substitutes or alternate processes which may be less
hazardous. Some organizations, including health agencies and chemical
companies, have included the NIOSH Registry accession numbers with the listing
of chemicals in their files to reference toxicity information associated with
those chemicals. By including foreign language chemical names, a start has been
made toward providing rapid identification of substances produced in other
countries." (p. xi)
"In this edition of the Registry, the editors intend to
identify 'all known toxic substances' which may exist in the environment and to
provide pertinent data on the toxic effects from known doses entering an
organism by any route described." (p. xi)
"It must be reemphasized that the entry of a substance in
the Registry does not automatically mean that it must be avoided. A listing
does mean, however, that the substance has the documented potential of being
harmful if misused, and care must be exercised to prevent tragic consequences.
Thus, the Registry lists many substances that are common in everyday life and
are in nearly every household in the United States. One can name a variety of
such dangerous substances: prescription and non-prescription drugs; food
additives; pesticide concentrates, sprays, and dusts; fungicides; herbicides;
paints; glazes, dyes; bleaches and other household cleaning agents; alkalies;
and various solvents and diluents. The list is extensive because chemicals have
become an integral part of our existence." (p. xiv)
The RTECS printed edition may be purchased from the
Superintendent of Documents, U.S. Government Printing Office (GPO), Washington,
D.C. 20402 (202-783-3238).
Some employers may also desire to subscribe to the
quarterly update to the RTECS which is published in a microfiche edition. An
annual subscription to the quarterly microfiche may be purchased from the GPO
(Order the "Microfiche Edition, Registry of Toxic Effects of Chemical
Substances"). Both the printed edition and the microfiche edition of RTECS are
available for review at many university and public libraries throughout the
country. The latest RTECS editions may also be examined at the OSHA Technical
Data Center, Room N2439--Rear, United States Department of Labor, 200
Constitution Avenue, N.W., Washington, D.C. 20210 (202-523-9700), or at any
OSHA Regional or Area Office (See, major city telephone directories under
United States Government--Labor Department).
1. New
section (including Appendices A and B) filed 3-20-81; effective thirtieth day
thereafter (Register 81, No. 12). For prior history, see Registers 74, No. 43;
72, No. 23; 72, No. 19; and 72, No. 6.
2. Amendment of subsection
(d)(1)(B) filed 12-23-81; effective thirtieth day thereafter (Register 81, No.
52).
3. Editorial correction of subsection (e)(3) filed 12-23-81;
effective upon filing (Register 81, No. 52).
4. Amendment filed
6-18-90; operative 7-18-90 (Register 90, No. 33).
5. Amendment of
subsections (c)(5)(C), (c)(13)(D) and (d)(1)(B)2. filed 5-5-2014; operative
5-6-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 19).
6. Change without regulatory effect
amending subsection (e)(1)(A) filed 5-2-2019 pursuant to section
100, title 1, California Code of
Regulations (Register 2019, No. 18).
Note: Authority cited: Section
142.3, Labor
Code. Reference: Section
142.3, Labor
Code.
