Document xz4KJMrz3QgRRbyJdxeG19ma6

22704 Federal Register / Vol. 51,. No. 119 / Friday, June 20, 1986 / Rules and Regulations some of these items and. perhaps, also provided for employees and. if the observe all steps related to the computer storage of other items. employee has given specific written measurement procedure, and to record The final standard also requires that consent, for the employee's designated the results obtained. The observer, the employer keep an accurate medical representatives. OSHA retains whether an employee or designated record for each employee subject to unrestricted access to both kinds of representative, must be provided with, medical surveillance. Section 8(c) of the records, but its access to personally and is required to use, any personal Act authorizes the promulgation of identifiable records is subject to rules of protective devices required to be worn regulations requiring any employer to Agency practice and procedure by employees working in the area that is keep such records regarding the concerning OSHA access to employee being monitored, and must comply with employer's activities relating to the Act medical records, which have been all other applicable safely and health as are necessary or appropriate for the published at 29 CFR 1913.10. An procedures. enforcement of the Act or for developing information regarding the causes and prevention of occupational illnesses. extensive discussion of the provisions and the rationale for 1910.20 may be found at 45 FR 35212; the discussion of 15. Paragraph (o). Dates. Effective Date OSHA believes that medical records, like exposure monitoring records, are necessary and appropriate both to the enforcement of the standard and the development of information regarding the causes and prevention of illness. In addition, medical records arc necessary for the proper evaluation of the employee's health. The final standard requires that all records required to be kept shall be made available upon request to the Assistant Secretary and the Director for examination and copying. Access to these records is necessary for the agencies to monitor compliance with the standard. These records may also contain essential information which is necessary for the agencies to carry out their statutory responsibilities. The final rule provides for employees, former employees, and their designated representatives to have access to mandated records upon request. Section 8(c)(3) of the Act explicitly provides that "employees or their representatives shall be provided with an opportunity to observe monitoring and exposures to toxic substances"; and several other provisions of the Act contemplate that employees and their representatives are entitled to have an active role in the enforcement of the Act. Employees and 1913.10 may be found at 45 FR 35384. It is noted that revisions to the access to records standard are being developed in an ongoing rulemaking proceeding. The asbestos standard may be affected by any changes which result from that rulemaking effort. It is necessary to keep records for extended periods because of the long latency periods commonly observed forthe induction of cancer caused by exposure to carcinogens. Cancer often cannot be detected until 20 or more years after onset of exposure. The extended record retention period is therefore needed for two purposes. First, diagnosis of disease in employees is assisted by having present and past exposure data as well as the results of the medical exams. In addition, retaining records for extended periods also makes it possible at some future date to review effectiveness and the adequacy of the standard. The time period required.for retention of exposure records is thirty years and for medical records, duration of employment plus thirty years. These retention periods are consistent with those in the OSHA records access standard. The final standard requires employers to notify the Director in writing at least 3 The effective date is July 21.1988. The 30 day period between issuance of the standard and its effective date is intended to provide sufficient time for employers and employees to become informed of the existence of the standard and its requirements. OSHA believes that 30 days is sufficient time because this regulatory action for asbestos is related to the past asbestos standard, and contains many of the same or similar provisions. In addition, OSHA has provided separate startup dates by which the various provisions must be completely implemented, as described below. The amended provisions of 11910.1001 take effect on July 21,1986. On this date, employers arc to commence complying with the provisions as amended. Until that date, employers are to comply with the unamended provisions of 1910.1001 as currently published in Code of Federal Regulations (1985 edition). If the amended provisions are not in effect because or stays or judicial action, then the unamended provisions will remain in effect. It is the intention that there remain no gaps in coverage and that the existing provisions not terminate unless the new provisions are in effect. their representatives need to know relevant information concerning employee exposures to toxic substances and their health consequences if they are to benefit fully from these requirements. In addition, the final rule specifies that access to exposure and medical records by employees, designated months prior to the disposaLof the records. Section 1910.20(h) also contains requirements regarding the transfer of records. The employer is required to comply with that provision and any other applicable requirements set forth in that standard. 14. Paragraph (n). Observation of monitoring. Startup Dates Since there was very little record evidence on this issue. OSHA is using its experience in making a determination on the startup dates for this standard. The startup dates provide the time required to set up initial monitoring, employee training programs representatives, and-OSHA shall be Section 8(c)(3) of the Act requires that and medical surveillance, to order and provided in accordance with 29 CFR employers provide employees or their receive protective equipment and 1910.20. Section 1910.20 is OSHA's representatives with the opportunity to respirators, to construct changerooms. generic rule for access to employee observe monitoring of employee showers, lavatories, and lunchrooms, exposure and medical records [45 FR exposures to toxic materials or harmful and to plan, order, receive and install 35212]. By its terms, it applies to records physical agents. In accordance, with this engineering controls. It gives additional required by specific standards, such as section and consistent with the existing time to arrange for the implementation this asbestos standard, as well as asbestos standard, the final standard of this standard and to order necessary records which are voluntarily created by contains provisions for such observation equipment. If.there is no specific startup employers. In general, it provides for of monitoring of asbestos exposures. To date set forth in the standard, then the unrestricted employee and designated insure that this right is meaningful. startup dale is the effective date of the representative access to exposure . observers are entitled to ah explanation standard. The immediate installation of records. Access to medicalrecords is of the measurement procedure, to changerooms, showers, lavatories, and GLEASON-000952