medical records

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Seyfarth Synopsis: Employers often fail to appreciate the ramifications of industrial hygiene data and medical records. Even non-detect records must be maintained for 30+ years and provided to employees or representatives upon request.

OSHA’s Access to Employee Exposure and Medical Records standard, 29 CFR § 1910.1020, is one of the most frequently misunderstood — and quietly enforced — provisions in…

Continue Reading Employee Exposure Records and Medical Records: Avoiding OSHA Citations and Defending Against Future Workers’ Compensation, Tort, and ADA Claims

By Mark A. Lies II and Ilana R. Morady

As most employers are aware, OSHA inspections typically involve a request for the employer to produce certain documents. In many cases, employers are unsure of what documents the compliance officer is entitled to see and copy. Employers can also be unsure of how long to retain certain documents required under OSHA.
Continue Reading OSHA-Related Documents: Creation And Retention

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

Mine operators and employee interveners lost their joint appeal to U.S. Seventh Circuit Court of Appeals — where the Court agreed with the Commission that MSHA acted within its statutory and constitutional authority to issue document demands for employee medical and personnel records. Big Ridge, Inc., et al., v. …
Continue Reading 7th Circuit Upholds MSHA’s Authority to Request Medical Records to Verify Reported Injury Statistics