Public Health Law Map - Beta 5 - Medical and Public Health Law Site

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A general description of the purpose for the release of the medical
information
A date or condition upon which the written authorization will expire (if less
than one year)
A written authorization (Exhibit 15–1) does not authorize the release of medical
information not in existence on the date of the written authorization, unless the
release of future information is expressly authorized. A written authorization is not
valid for more than one year from the date on the authorization. A written
authorization may be revoked in writing at any time.
Although OSHA has the right to have access to employee medical information
without the employee’s written permission, the employer must notify its employees
when OSHA seeks access to their medical records:
Each employer shall, upon request, and without derogation of any rights
under the Constitution or the Occupational Safety and Health Act of 1970,
29 U.S.C. 651 et seq., that the employer chooses to exercise, assure the
prompt access of representatives of the Assistant Secretary of Labor for
Occupational Safety and Health to employee exposure and medical records
and to analyses using exposure or medical records.… Whenever OSHA
seeks access to personally identifiable employee medical information … the
employer shall prominently post a copy of the written access order and its
accompanying cover letter for at least fifteen (15) working days.
b) Physical Access to Records
The OSHA rules provide that employees and their designated representatives have
access to their medical records and the allowable conditions on that access.
Although these rules were drafted for employer-based medical departments, they
also apply to private physicians’ offices and clinics. The rules can be problematic
for private physicians and clinics, since some of their requirements differ from
customary private medical practice. The most fundamental of these differences is
that OSHA grants the employee or representative the right to examine the original
medical record.
This right differs from the usual practice of limiting the patient to a copy of his or
her original medical record. This practice reflects state laws that are concerned
with ensuring patients access to their medical information rather than the record
itself. The state laws assume that physicians maintain records in a proper manner.
The OSHA rule allowing inspection of the original record arises from the suspicion
that company physicians may try to cover up occupationally related health
conditions. OSHA does allow the medical records custodian to “delete from
requested medical records the identity of a family member, personal friend, or
fellow employee who has provided confidential information concerning an
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