Access to Exposure & Medical Records
If you work around chemicals, dust, noise or other health hazards, your employer may have records of how much you were exposed to and of your medical tests. You have a legal right to see and copy them, for free, even after you leave the job.
- Construction
- General Industry
- All workers
What records are covered
| Record | Examples | Kept for |
|---|---|---|
| Exposure records | Air sampling for silica, lead or solvents; noise monitoring; personal sampling pump results; Safety Data Sheets or chemical inventories that show what you used | 30 years |
| Medical records | Respirator medical evaluations, hearing tests (audiograms), blood lead tests, lung function tests, chest X-rays, medical opinions under OSHA standards | Length of employment plus 30 years |
| Analyses | Studies using exposure or medical records, such as a report on hearing loss across the workforce | 30 years |
Some records are exempt, such as first aid records for one-time treatment of minor injuries and medical records of workers who worked less than one year if they are given the records when they leave.
Who can ask
- You, as a current or former worker, or a worker being assigned to work with toxic substances.
- Your designated representative, such as a union or a person you name. For your medical records, they need your written permission.
- OSHA, which can get access to records directly.
How to get your records
- Ask your employer, preferably in writing. Keep a copy and note the date.
- Your employer must give access within 15 working days, and copies must be free.
- If the records aren’t provided, contact OSHA or your state plan office.
Your employer must tell you, when you start and once a year after that, that these records exist, where they’re kept and how to get them.
The injury log and incident reports
- OSHA 300 log: current and former workers can get a copy for their establishment by the end of the next business day.
- Your OSHA 301 incident report: you can get a copy of your own report by the end of the next business day.
- See Injury Recordkeeping & Reporting.
Why it matters
Many work-related illnesses, like silicosis, asbestos disease, hearing loss and some cancers, show up years or decades later. Exposure and medical records can prove the illness is work-related for a workers’ compensation claim.
- Ask for copies of any air or noise monitoring done on you
- Ask for copies of hearing tests, respirator evaluations and blood tests
- Keep your own file with dates, job sites, materials you worked with and employers’ names
- Ask for your records before leaving a job, and keep them somewhere safe
Privacy: Your employer must keep medical records confidential. Coworkers and supervisors don’t get to see your medical records just because they can see exposure records.
Standards & references
- 29 CFR 1910.1020: Access to employee exposure and medical records (applies to construction through 1926.33)
- 29 CFR 1904.35: Employee involvement and access to injury records
- See also: Your Rights as a Worker · Safety Data Sheets
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