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

films shall be preserved in their original state.
The OSHA rules also provide for the maintenance of records on employees whose
employer is no longer in business. If an employer goes out of business, its
employee’s medical records shall be transferred to the successor employer, who
must receive and maintain the records. This can pose problems if the successor
employer chooses to sever the relationship with the private physician or clinic and
take possession of the records. The records must be surrendered, but it is important,
as much as possible, to comply with state laws governing the transfer or release of
medical information. It may be advisable to notify the employees that their records
will be transferred and that they should contact the new employer if they have
questions or objections. Since the successor employer has the right to the records of
all previous employees, not just those whom it rehires, there may be employees
who would want the physician to retain a copy of the records and continue
providing medical care. The physician or clinic may also want to retain copies of
the records for medical-legal concerns.
When there is no successor employer, the employees must be notified of their
rights of access to the records at least three months prior to the cessation of the
employer’s business. The employer must also 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 “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.” The physician or clinic maintaining the
records should ensure that these obligations have been carried out before disposing
of any records.
4. OSHA 200 Log
The OSHA 200 log is a record of illnesses and injuries that arise from exposures in
the work environment. The log is kept by an employer for the use of the Bureau of
Labor Statistics. The Occupational Safety and Health Act of 1970 is very extensive
and covers most private employers in the United States. (OSHA does not apply to
state government.) However, the keeping of an OSHA 200 log has been limited by
regulations, to permit OSHA to concentrate its safety efforts on high- risk industries.
The OSHA act itself exempts religious establishments and employers of household
workers. These are very limited exemptions. A church is not covered under OSHA if
it employs only individuals who perform religious services; employees who carry out
secular duties are covered under OSHA. A large church may not have to consider the
ministers under OSHA regulations, but the secretaries and maintenance workers are
covered. Household workers are the maids and babysitters that work in an individual
home. Cleaning services and home health nurses do not fall under the exemption.
Even if the employer is regulated by OSHA, it may not be required to keep an OSHA
200 log. Small employers and employers in low-hazard industries are not required to
keep the log. Small employers are defined as those who had no more than 10
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